THOMAS J. PROTTO, APPELLANT,
v.
ADELE PROTTO, APPELLEE

Fla. 3d DCA | 1983-05-03
No. 82-1516
Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.
431 So. 2d 671 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse that part of the judgment under review which awarded the wife as lump sum alimony the husband’s one-half interest in a condominium owned by the parties and awarded the husband attorneys’ fees. Where the record reflects that the husband, age sixty, is ill with emphysema rendering him unable to be fully employed, and the forty-five-year-old wife is in good health with some, albeit modest, assets of her own, an award of lump sum alimony of the husband’s one-half interest in the condominium, his only substantial asset as far as this record reflects, is neither fit, equitable nor just. Since the award of attorney’s fees to the husband, the amount of which has not yet been set, was so obviously calculated to adjust the inequity of depriving the husband of his half-interest in the condominium, it, too, is set aside. The cause is reversed and remanded to the trial court for such further proceedings as may be necessary and the entry of a judgment which will appropriately take into account the husband’s financial condition and the wife’s needs without shortchanging either. Reversed and remanded.


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Cited By

  • Gersten v. Gersten, 433 So. 2d 57 (Fla. 3d DCA 1983)
    …employment throughout their four-year marriage and emerged with a greater net worth than before, was, however, an unjustified abuse of discretion and is therefore reversed. McDonald v. McDonald, 429 So. 2d 795 (Fla. 4th DCA 1983); Protto v. Protto, 431 So. 2d 671 (Fla. 3d DCA 1983). Affirmed in part; reversed in part.…

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