RONALD STEWART TICHENOR, APPELLANT,
v.
RABUN N. TICHENOR, APPELLEE
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PER CURIAM.
In this dissolution proceeding the appellant has failed to show that the periodic alimony and child support awards were beyond the ambit of judicial discretion. However, appellant’s third point has merit and requires a modification of the judgment.
About two weeks before the parties separated, certain steel buildings were purchased for $19,000 and put in the name of the appellant. Pursuant to the rationale of Toby v. Toby, 280 So. 2d 523 (Fla. 3d DCA 1973), and on the premise that the purchase money came from a joint account, the court determined that the appellee was entitled to be reimbursed for one-half the cost of the buildings. Yet, the record only shows that $3,400 of the purchase price came from joint funds. Therefore, the appellee’s equitable lien against these buildings must be reduced from $9,500 to $1,700.
The judgment is affirmed as modified herein.
McNULTY, Acting C. J., and GRIMES and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCLUNG v. McCLUNG, 427 So. 2d 350 (Fla. 5th DCA 1983)…h DCA 1982); Braddock v. Braddock, 405 So. 2d 995 (Fla. 1st DCA 1981); Lewis v. Lewis, 402 So. 2d 1306 (Fla. 3d DCA 1981); Landay v. Landay, 400 So. 2d 43 (Fla. 2d DCA 1981); Evers v. Evers, 374 So. 2d 1117 (Fla. 1st DCA 1979); Tichenor v. Tichenor, 342 So. 2d 845 (Fla. 2d DCA 1977). . It is interesting to note that in this exact context, after provision for a “special equity” representing the separate property aspect, the courts have equally divided the remaining equity. Whether this is because the legal ti…
Authorities Cited
- Lenore Toby v. Toby, 280 So. 2d 523 (Fla. 3d DCA 1973)