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Taub v. Taub

District Court of Appeal of Florida, Third District
Oct 5, 1993
624 So. 2d 852 (Fla. Dist. Ct. App. 1993)

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.


Summaries of

Taub v. Taub

District Court of Appeal of Florida, Third District
Oct 5, 1993
624 So. 2d 852 (Fla. Dist. Ct. App. 1993)
Case details for

Taub v. Taub

Case Details

Full title:JACK TAUB, APPELLANT, v. PATRICIA ANN TAUB, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 5, 1993

Citations

624 So. 2d 852 (Fla. Dist. Ct. App. 1993)