RICHARD LEN GUARINE, APPELLANT,
v.
JULIA CURRAN GUARINE, APPELLEE
HERSEY, Chief Judge.
Appellant, Richard Guarine, appeals the lower court’s final judgment in this dissolution of marriage case, contending that the court erroneously awarded appellee, as a special equity, an undivided one-half interest in appellant’s interest in a home owned by appellant and his mother. We deny appellee’s motion to dismiss the appeal, finding that the lack of a transcript of the final hearing does not leave us with an inadequate basis for review of the issue raised.
We reverse the award of a special equity in the home to appellee, as appellee’s contribution to mortgage payments during the four-year marriage did not constitute a contribution “over and above normal marital duties.” See Ingram v. Ingram, 379 So. 2d 955 (Fla.1980); Bolton v. Bolton, 421 So. 2d 697 (Fla. 2d DCA 1982); Hottman v. Hottman, 418 So. 2d 304 (Fla. 4th DCA 1982).
We note, as did Ingram and Hottman, that upon remand the trial court may make an alimony award to appellee if necessary to do equity between the parties.
LETTS and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dyson v. Dyson, 597 So. 2d 320 (Fla. 1st DCA 1992)…e, on this record, a contribution of funds from a source unconnected with the marriage or of services over and above normal marital duties, but rather is more properly characterized as a contribution towards marital expenses. See Guarine v. Guarine, 525 So. 2d 1037 (Fla. 4th DCA 1988); Hottman v. Hottman, 418 So. 2d 304 (Fla. 4th DCA 1982). Her payments toward the mortgage on the property does, however, give rise to a marital interest in the property that is subject to equitable distribution. Second, the eval…
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Harden v. State, 528 So. 2d 544 (Fla. 1st DCA 1988)…appellant is entitled to no relief. We decline the state’s request, finding the proper procedure in such cases is to reverse and remand with directions to comply with the requirements of Florida Rule of Criminal Procedure 3.850. See Green v. State, 525 So. 2d 1037 (Fla. 1st DCA 1988); Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988); Knight v. State, 517 So. 2d 87 (Fla. 1st DCA 1987); House v. State, 511 So. 2d 724 (Fla. 1st DCA 1987); Hall v. State, 511 So. 2d 676 (Fla. 1st DCA 1987). Accordingly, we r…
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Wallace v. Wallace, 922 So. 2d 1008 (Fla. 1st DCA 2006)…a special equity because the wife’s contribution of marital funds towards the payment of the mortgage did not constitute a contribution of funds unconnected with the marriage or of services over and above normal marital duties); Guarine v. Guarine, 525 So. 2d 1037, 1037 (Fla. 4th DCA 1988) (reversing the wife’s special equity award in a home owned by the husband and his mother because the wife’s contribution to mortgage payments during the marriage did not constitute a contribution over and above normal marit…
Authorities Cited
- Ingram v. Ingram, 379 So. 2d 955 (Fla. 1980)
- Hottman v. Hottman, 418 So. 2d 304 (Fla. 4th DCA 1982)
- Bolton v. Bolton, 421 So. 2d 697 (Fla. 2d DCA 1982)