MARVA WATSON, APPELLANT,
v.
JOHN L. WATSON, APPELLEE

Fla. 4th DCA | 1971-03-26
No. 70-603
CROSS, C. J., and OWEN, J., concur.
246 So. 2d 131 Florida District Court of Appeal, Fourth District (1971) Positive Treatment
Cited by 2 cases

Opinion of the Court
WALDEN, Judge.

WALDEN, Judge.

This is a divorce case wherein the trial court awarded exclusive possession of the home premises owned as a tenancy by the entireties to the husband. Such award was error. Berger v. Berger, Fla.App.1966, 182 So.2d 279; Doran v. Doran, Fla.App.1968, 212 So.2d 100. Appellant’s other dissatisfac-tions with the final judgment are without merit and no abuse of discretion or reversible error as concerns them have been made to appear.

*132Upon remand the trial court is respectfully requested to delete that portion of the final judgment awarding possession of the home to the husband, thereby leaving the parties as tenants in common as to such property in accord with law. F.S. Section 689.IS, F.S.A.1969.

Reversed and remanded.

CROSS, C. J., and OWEN, J., concur.


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  • Cribb v. Cribb, 261 So. 2d 566 (Fla. 4th DCA 1972)
    …the final judgment awarding to the husband exclusive possession of the residence property owned by the parties as tenants of an estate by the entirety may have been erroneous and subject to reversal on direct appeal, Watson v. Watson, Fla.App.1971, 246 So. 2d 131; Doran v. Doran, Fla.App.1968, 212 So. 2d 100; Berger v. Berger, Fla.App.1966, 182 So. 2d 279, it did not render the judgment void so as to entitle appellant to any relief under Rule 1.540 RCP, 31 F.S.A. No appeal was taken from the final judgment,…

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