SANDRA RUBIN, APPELLANT,
v.
THE SCHOOL BOARD OF DADE COUNTY AND NEW SUNRISE INVESTMENT CORP., APPELLEES
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The court affirmed the trial court's initial denial of condemnation proceeds to Rubin but remanded for disbursement of her proportionate share after she obtained a postdissolution judgment establishing her ownership interest in the condemned property.
A party initially denied condemnation proceeds may receive her proportionate share upon remand once she establishes ownership through a postdissolution judgment setting aside fraudulent conveyances.
[1] A party denied condemnation proceeds at trial may obtain disbursement of her proportionate share upon remand if she subsequently establishes ownership interest through a…
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Join FLexlaw to unlock all legal intelligenceThe School Board of Dade County brought an eminent domain action condemning real property. Rubin's former spouse had fraudulently conveyed property to…
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PER CURIAM.
We affirm the order of the trial court which declined to authorize disbursement to Sandra Rubin of certain condemnation proceeds resulting from an eminent domain action brought by the School Board of Dade County. At the time of the trial court’s ruling, Rubin’s entitlement to the proceeds had not been clearly established. Subsequent to the ruling, Rubin obtained a postdissolution judgment setting aside certain fraudulent real estate conveyances made to New Sunrise Investment Corp. by Rubin’s former spouse. Rubin was adjudicated the owner of a twenty-five percent undivided interest as a tenant in common in several parcels of real estate, including the condemned parcel.
We affirmed the judgment in Rubin v. New Sunrise Investment Corp., 487 So. 2d 301 (Fla. 3d DCA 1986). We, therefore, remand this cause to the trial court with directions to award Rubin her proportionate share of the condemnation proceeds. Because the apportionment controversy is not a direct result of the condemnation action but is part of a decade-long conflict between former spouses, Rubin is not entitled to an award of attorney’s fees from the school board. Terry v. Conway Land, Inc., 508 So. 2d 401 (Fla. 5th DCA 1987).
Order affirmed; cause remanded with directions.