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McCain v. McCain

District Court of Appeal of Florida, Fourth District
Oct 7, 1992
605 So. 2d 92 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-3135.

June 3, 1992. On Motion for Rehearing October 7, 1992.

Appeal from the Circuit Court for Broward County; Barbara Bridge, Judge.

Robert L. Bogen of Alan Jay Braverman, P.A., Boynton Beach, for appellant.

Wayne Carson of Vesel Carson, P.A., Fort Lauderdale, for appellee.


We affirm in all respects with the exception that we agree with appellant that she was entitled to an award of permanent alimony. On that issue we reverse and remand with directions that the award of periodic alimony be made permanent.

In affirming the trial court on all other points, we specifically reject the wife's claim that the trial court erred in failing to award her a special equity in the wrongful death award recovered by the husband arising out of the death of the husband's child by a previous marriage. Cf. Weisfeld v. Weisfeld, 545 So.2d 1341 (Fla. 1989).

ANSTEAD, LETTS and HERSEY, JJ., concur.

ON MOTION FOR REHEARING

We deny the motion for rehearing except that we agree with appellant that the trial court should be required on remand to either grant her credit for the mortgage payments or set out in an amended judgment a basis in law and fact as to why she would not be entitled to a credit. Cf. Pastore v. Pastore, 497 So.2d 635 (Fla. 1986).

ANSTEAD, LETTS and HERSEY, JJ., concur.


Summaries of

McCain v. McCain

District Court of Appeal of Florida, Fourth District
Oct 7, 1992
605 So. 2d 92 (Fla. Dist. Ct. App. 1992)
Case details for

McCain v. McCain

Case Details

Full title:LOU JEAN B. McCAIN, APPELLANT, v. WILLIAM W. McCAIN, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 7, 1992

Citations

605 So. 2d 92 (Fla. Dist. Ct. App. 1992)