Berger v. Berger
Decision Date | 19 January 1966 |
Docket Number | No. 39,39 |
Citation | 182 So.2d 279 |
Parties | Ruth L. BERGER, Appellant, v. Robert L. BERGER, Appellee. |
Court | Florida District Court of Appeals |
Cody Fowler, Tampa, and H. T. Maloney, of Patterson & Maloney, Ft. Lauderdale, for appellant.
Leonard Romanik, of Landefeld & Romanik, Hollywood, for appellee.
The Wife appeals from a final decree entered in a divorce suit. The chancellor granted the husband a divorce and custody of the children, decided certain personal property rights, and awarded the wife counsel fees. The court dealt with the home premises owned as an estate by the entireties with the following recitation:
The wife challenges the sufficiency of the evidence to support the custody and personal property decisions. We have reviewed the record and find abundant competent evidence to support these facets of the decree. The record is lengthy and of such nature as to make it undesirable to reconstruct the case here in print. The rule by which we are bound in such matters is well known and was lately uttered in Turner v. Noto, Fla.App.1963, 151 So.2d 303, as follows:
We fail to find any error and thus approve these adjudications.
We take up now the court's action in awarding the use of the home property and contents to the husband, this being also questioned by the wife. It is clear that the court may award the use and possession of a home owned as a tenancy by the entirety, whether homestead or not, to a wife as an incident to the court's power to award child support or alimony. In such cases it is simply a charge upon the home of the husband's obligation to support his wife and...
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Lange v. Lange, 76-2681
...of support runs to the wife alone. Banks v. Banks, 98 So.2d 337 (Fla.1957). Thereafter we stated the general rule in Berger v. Berger, 182 So.2d 279 (Fla. 4th DCA 1966), as follows: " It is clear that the court may award the use and possession of a home owned as a tenancy by the entirety, w......
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McDonald v. McDonald
...Hoskin v. Hoskin, 329 So.2d 19 (Fla. 3d DCA 1976); Richardson v. Richardson, 315 So.2d 513 (Fla. 4th DCA 1975); Berger v. Berger, 182 So.2d 279 (Fla. 4th DCA 1966). The opinions in Ranes and Saviteer neglect to mention that exclusive possession can also be proper when the support obligation......
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Black v. Miller
...the divorce suit when he granted Mrs. Black the right of exclusive possession of the marital home in the divorce decree. Berger v. Berger, Fla.App.1966, 182 So.2d 279. The exclusive right of possession of the marital home was a cloud, or burden upon this property as reflected by the final d......
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Preston v. Preston
...residence to the wife as an incident to the trial judge's power to award alimony and child support. See cases cited in Berger v. Berger, Fla.App.1966, 182 So.2d 279, 280. See also Sutter v. Sutter, Fla.App.1965, 172 So.2d 910. Section 61.08, Fla.Stat. (1967), F.S.A. (§ 65.08, Fla.Stat. (196......