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Levie v. Levie

District Court of Appeal of Florida, Third District
Feb 12, 1985
463 So. 2d 522 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-2653.

February 12, 1985.

Appeal from the Circuit Court, Dade County, Francis X. Knuck, J.

Greene Cooper and Joan M. Bolotin, Miami, for appellant.

Horton, Perse Ginsberg and Mallory Horton, Miami, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.


The husband has appealed the Amended Final Judgment of Dissolution of Marriage. We reverse upon a finding that he is entitled to a special equity in the marital home, Landay v. Landay, 429 So.2d 1197 (Fla. 1983); to credit for mortgage payments made from the date of dissolution until the sale of the marital home, Price v. Price, 389 So.2d 666 (Fla. 3d DCA 1980), review denied, 397 So.2d 778 (Fla. 1981); to a determination of ownership of specific items of non-marital property, see Lopez v. Lopez, 447 So.2d 898 (Fla. 3d DCA 1983); and, absent evidence demonstrating necessity, to reversal of the requirement that he pay for the child's attendance at private school.

We remand with directions to the trial court to: award the husband a special equity in the marital home pursuant to Landay; provide for a mortgage payment credit to the husband; and determine ownership of specific items of non-marital property. Furthermore, we direct the trial court to review the respective financial positions of the parties and to apply equitable distribution principles to determine the appropriate disposition of this cause. Tronconi v. Tronconi, 466 So.2d 203 (Fla. 1985). Upon remand, the parties may present evidence in connection with the need for the child to attend private school.

Reversed and remanded for further proceedings consistent with this opinion.


Summaries of

Levie v. Levie

District Court of Appeal of Florida, Third District
Feb 12, 1985
463 So. 2d 522 (Fla. Dist. Ct. App. 1985)
Case details for

Levie v. Levie

Case Details

Full title:GEORGE LEVIE, APPELLANT, v. MARY ELLEN LEVIE, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 12, 1985

Citations

463 So. 2d 522 (Fla. Dist. Ct. App. 1985)