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Garmon v. Garmon

District Court of Appeal of Florida, First District
Apr 19, 1978
357 So. 2d 487 (Fla. Dist. Ct. App. 1978)

Opinion

No. HH-246.

April 19, 1978.

Appeal from the Circuit Court, Bay County, Warren L. Fitzpatrick, J.

Robert B. Staats, Panama City, for appellant.

William E. Harris, Panama City, for appellee.


The subject of this appeal is the trial court's award to the husband of the wife's interest in a jointly-owned 32-foot yacht. The award is erroneous because the husband did not plead special equity or other theory justifying the award to him of the wife's interest. A trial court's authority to effect a change in the title of jointly-owned property in a dissolution is restricted to an award of lump sum alimony, a determination of a special equity, a partition of the property, or a division based on the agreement of the parties. Niemann v. Niemann, 294 So.2d 415 (Fla. 4th DCA 1974). On dissolution of the marriage here, the parties became tenants in common of the yacht.

Accordingly, the judgment awarding the yacht to the husband is REVERSED and the cause REMANDED for further proceedings consistent herewith.

MILLS, Acting C.J., and ERVIN and BOOTH, JJ., concur.


Summaries of

Garmon v. Garmon

District Court of Appeal of Florida, First District
Apr 19, 1978
357 So. 2d 487 (Fla. Dist. Ct. App. 1978)
Case details for

Garmon v. Garmon

Case Details

Full title:MARY LOU GARMON, APPELLANT, v. JACK MILTON GARMON, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 19, 1978

Citations

357 So. 2d 487 (Fla. Dist. Ct. App. 1978)

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