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Menkes v. Menkes

District Court of Appeal of Florida, Third District
Nov 12, 1985
478 So. 2d 457 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-1255.

November 12, 1985.

Appeal from the Circuit Court for Dade County; James C. Henderson, Judge.

Alan S. Kessler, Miami, Beach, for appellant.

Frederick C. Sake, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.


The equitable distribution effected by the dissolution judgment below was so plainly within the discretion of the trial court under the Canakaris doctrine that we regard this appeal as completely frivolous. Accordingly, we affirm the judgment and grant the appellee's motion for attorney's fees under section 57.105, Florida Statutes (1983), in the amount of $1,000.

The parties owned two condominium apartments in Miami Beach by the entireties. The wife complains that the trial court awarded the larger to the husband and the smaller, which is occupied by an adult son, to her. Since she resides in Brooklyn, New York, and he has lived in the larger apartment since 1981 and paid over 90% of the down payment and all of the subsequent expenses from his own funds, the appropriateness of this disposition is beyond question.

Affirmed, motion for attorney's fees granted.


Summaries of

Menkes v. Menkes

District Court of Appeal of Florida, Third District
Nov 12, 1985
478 So. 2d 457 (Fla. Dist. Ct. App. 1985)
Case details for

Menkes v. Menkes

Case Details

Full title:OLGA MENKES, APPELLANT, v. WILLIAM B. MENKES, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 12, 1985

Citations

478 So. 2d 457 (Fla. Dist. Ct. App. 1985)