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Gersten v. Gersten

District Court of Appeal of Florida, Third District
Jun 21, 1983
433 So. 2d 57 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-2295.

June 21, 1983.

Appeal from the Circuit Court, Dade County, John Gale, J.

Brian R. Hersh, Miami, for appellant.

Gerald J. Tobin and Gary B. Sack, Miami, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


We uphold the trial court's rejection of the sixty-eight year old husband's claim of a special equity in the parties' jointly held home. Marsh v. Marsh, 419 So.2d 629 (Fla. 1982). Its $10,000 lump sum alimony award to the forty-six year old wife, who continued her employment throughout their four-year marriage and emerged with a greater net worth than before, was, however, an unjustified abuse of discretion and is therefore reversed. McDonald v. McDonald, 429 So.2d 795 (Fla. 4th DCA 1983); Protto v. Protto, 431 So.2d 671 (Fla. 3d DCA 1983).

Affirmed in part; reversed in part.


Summaries of

Gersten v. Gersten

District Court of Appeal of Florida, Third District
Jun 21, 1983
433 So. 2d 57 (Fla. Dist. Ct. App. 1983)
Case details for

Gersten v. Gersten

Case Details

Full title:HARRY J. GERSTEN, APPELLANT, v. BARBARA L. GERSTEN, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 21, 1983

Citations

433 So. 2d 57 (Fla. Dist. Ct. App. 1983)

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