JOHN STETSON, APPELLANT,
v.
MARY STETSON, APPELLEE
Explore caselaw by topic → Browse Special Equity cases and more on FLexlaw
PER CURIAM.
The husband in this divorce case raises several points on appeal. With one exception, we find that the trial court did not abuse its discretion: It erred in finding that a certain 1970 Lincoln automobile belongs to the wife. The automobile in question was titled in the joint names of the parties. The wife neither pled nor proved a special equity in the jointly owned automobile and an award of the husband’s interest in the automobile to the wife cannot be justified as alimony. The court specifically denied the wife’s prayer for alimony based upon the financial resources of both parties and the earning ability of the wife. We can find no legal basis for the court’s determination that the automobile belongs to the wife. It was jointly owned and upon dissolution of their marriage the parties became tenants-in-common.
AFFIRMED in part, REVERSED in part, and REMANDED.
ALDERMAN, C. J., and LETTS and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Zeller v. Zeller, 396 So. 2d 1177 (Fla. 4th DCA 1981)…insufficient to justify the awards in question either on the basis of an agreement of the parties or on the basis of an appropriately pleaded prayer for partition. See also, Muhlrad v. Muhlrad, 375 So. 2d 24 (Fla. 3rd DCA 1979); Stetson v. Stetson, 356 So. 2d 53 (Fla. 4th DCA 1978); Sniffen v. Sniffen, 352 So. 2d 113 (Fla. 4th DCA 1977). The only pleadings which conceivably could have supported the partition order were those of the husband wherein he requested that the parties’ joint property and other prop…
-
Maude S. Vincent v. Mathieu Vincent, 507 So. 2d 774 (Fla. 3d DCA 1987)…PER CURIAM. Because the husband failed to request an award of special equity, Gleason v. Gleason, 453 So. 2d 941 (Fla. 4th DCA 1984); Stetson v. Stetson, 356 So. 2d 53 (Fla. 4th DCA 1978); see Hernandez v. Hernandez, 444 So. 2d 35 (Fla. 3d DCA 1983), review denied, 451 So. 2d 848 (Fla.1984), and failed to prove his entitlement to a special equity, see Vandegrift v. Vandegrift, 477 So. 2d 638 (Fla. 5th DCA 1985); G…