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White v. White

District Court of Appeal of Florida, First District
Apr 26, 1982
413 So. 2d 132 (Fla. Dist. Ct. App. 1982)

Opinion

No. AF-304.

April 26, 1982.

Appeal from Circuit Court, Duval County; Gordon A. Duncan, Jr., Judge.

Henry M. Coxe, III, Coxe Anderson, Jacksonville, for appellant.

S. Gordon Blalock, Blalock, Holbrook Akel, Jacksonville, for appellee.


This is an appeal from a final judgment of dissolution which awards the wife the exclusive use and possession of the parties marital residence and $500.00 per month permanent alimony. We affirm both awards.

The evidence clearly establishes the wife's need for permanent alimony in the amount awarded and the husband's ability to pay that amount. Further, the parties were married for thirty-four years, during which time the wife raised seven children. The wife is now fifty-two years old, in poor health, and without employment experience or marketable skills. Thus the award to the wife of exclusive use and possession of the parties marital home was justified. Taylor v. Taylor, 381 So.2d 1353 (Fla. 1980). However, we agree that the award of exclusive use of property should be for a specified period of time. Duncan v. Duncan, 379 So.2d 949, 952 (Fla. 1981). We therefore remand to the trial court for entry of an amended final judgment providing for the award of exclusive use and possession until the wife remarries or dies or for some other specified period in the discretion of the trial court.

Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.

MILLS, LARRY G. SMITH, and SHAW, JJ., concur.


Summaries of

White v. White

District Court of Appeal of Florida, First District
Apr 26, 1982
413 So. 2d 132 (Fla. Dist. Ct. App. 1982)
Case details for

White v. White

Case Details

Full title:SAMUEL WHITE, APPELLANT, v. RUBY WHITE, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 26, 1982

Citations

413 So. 2d 132 (Fla. Dist. Ct. App. 1982)

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