Opinion
No. W-514.
September 23, 1975. Rehearing Denied December 2, 1975.
Appeal from the Circuit Court, Bay County, Larry G. Smith, J.
Charles S. Isler, Jr., Isler, Higby, Brown Smoak, Panama City, for appellant.
Robert B. Staats, Staats Nabors, Panama City, for appellee.
We have considered the record, briefs and oral argument of counsel and find no error in the trial court's award to appellee of lump sum alimony consisting of residential property and also which included the requirement that appellant retire the mortgage indebtedness thereon. We also find no error in the trial court's award to appellee of a special equity in other real property of appellant resulting from improvements made thereon during the thirty-six year marriage of the parties.
McCORD, Acting C.J., and WILLIS, BEN C., Associate Judge, concur.
MILLS, J., dissents.
I would reverse the trial court's award of lump sum alimony and special equity to appellee. In my opinion, appellee failed to prove the need for lump sum alimony, failed to prove the ability of appellant to pay lump sum alimony, and failed to prove a special equity.