Behrman v. Behrman, 79-449

Decision Date31 October 1979
Docket NumberNo. 79-449,79-449
Citation376 So.2d 294
PartiesDonald M. BEHRMAN, Appellant, v. Martha Mae BEHRMAN, Appellee.
CourtFlorida District Court of Appeals

Stevan T. Northcutt of Levine, Freedman, Hirsch & Levinson, Tampa, for appellant.

Russell K. Peavyhouse of Peavyhouse, Giglio, Grant, Clark, Charlton & Mount, Tampa, for appellee.


Donald M. Behrman appeals from the provisions of a final judgment of dissolution of marriage, alleging the court erred in making an award of lump sum alimony to appellee and in refusing appellant a special equity in a jointly owned $7,000.00 certificate of deposit.

We affirm all aspects of the final judgment except the denial of a special equity in the certificate of deposit. Appellant testified that the certificate was purchased after his mother's death with funds directly from her estate account. Although some funds from the estate were mingled in the parties' other joint accounts, only estate funds were used to open the account in question. We hold that the ownership rights are easily ascertainable because the funds came from a source unconnected with the marital relationship, and that the subsequent action of the parties in keeping the funds separate from co-mingled funds is consistent with a "no gift" presumption. Lawless v. Lawless, 362 So.2d 302 (Fla. 2d DCA 1978). See Ball v. Ball, 335 So.2d 5 (Fla.1976).

REMANDED for entry of an order consistent with this opinion.

HOBSON, Acting C. J., and RYDER and DANAHY, JJ., concur.

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3 cases
  • Lakin v. Lakin, 4D04-826.
    • United States
    • Florida District Court of Appeals
    • March 23, 2005
    ...non-marital status when it was placed in safe deposit box and was never sold or commingled with other assets); Behrman v. Behrman, 376 So.2d 294 (Fla. 2d DCA 1979) (certificate of deposit purchased by husband after his mother's death for which funds from mother's estate were sole source of ......
  • Amato v. Amato, 90-3282
    • United States
    • Florida District Court of Appeals
    • April 15, 1992
    ...So.2d 801 (Fla. 3d DCA 1975). What this wife did with the proceeds should be contrasted with what the husband did in Behrman v. Behrman, 376 So.2d 294 (Fla. 2d DCA 1979). There, he placed his inheritance in a separate certificate of deposit account. Although this account was in joint names ......
  • Freeman v. State, 79-69
    • United States
    • Florida District Court of Appeals
    • October 31, 1979

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