Opinion
No. 93-735.
October 5, 1993.
Appeal from the Circuit Court, Dade County, Amy Steele Donner, J.
Ruden, Barnett, McClosky, Smith, Schuster Russell and Nancy W. Gregoire and Gill S. Freeman and Edward A. Licitra, Fort Lauderdale, for appellant.
Solms Price and Elizabeth Baker, Miami, for appellee.
Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.
We agree with the appellant ex-husband that, under the terms of the parties' property settlement agreement, the partial liquidation of the fund in question did not trigger the appellee ex-wife's right to her distributive share of the entire fund. The order under review, which reflects the trial court's contrary conclusion, is therefore vacated without prejudice to the entry of a judgment reflecting the appellee's entitlement to her share of the proceeds of a liquidation of the entire fund.
Some $300,000.00 of the approximately $1,000,000.00 fund was "liquidated" in the transaction at issue in this case. Under the agreement, however, the husband was to receive the first $483,000.00 of the proceeds of a complete liquidation, with only the remainder split between the parties.
Vacated with directions.