Summary
In Fraga, 562 So.2d 851, the Third District instructed that a judgment granting a ten-year payout of a $500,000 equitable distribution be at present value and secured by a lien against an interest in a medical center.
Summary of this case from Rey v. ReyOpinion
Nos. 88-853, 88-2200 and 88-2292.
June 19, 1990.
Appeal from the Circuit Court for Dade County, Murray Goldman, J.
Young, Stern Tannenbaum, Glen Rafkin and Andrew S. Berman, North Miami Beach, for appellant.
Barranco, Kellough Kircher, Podhurst, Orseck, Josefsberg, Eaton, Meadow Olin, Daniels Hicks, Angela C. Flowers and Sam Daniels, Miami, for appellee.
Before HUBBART, BASKIN and FERGUSON, JJ.
ON APPELLANT'S ALTERNATIVE MOTION TO RECALL OR ENFORCE MANDATE
On remand the court simply deleted the sentence in Part V of the Amended Final Judgment which provided that it had "taken into consideration, in setting the amount of monthly alimony, tax free monies the wife will be receiving from her share of the equitable distribution of the parties' property." In that there will be no tax-free monies from her share of the divided property, equity requires that the $500,000 ten-year payout of Mrs. Fraga's equitable distribution be at present value and secured by a lien against the former's husband interest in the Douglas Medical Center.
The cause is remanded with instructions to revise the judgment accordingly.