Coalla v. Coalla, 75--1109
| Decision Date | 21 April 1976 |
| Docket Number | No. 75--1109,75--1109 |
| Citation | 330 So.2d 802 |
| Parties | Eduardo COALLA, Appellant, v. Marilyn S. COALLA, Appellee. |
| Court | Florida District Court of Appeals |
Mark Hawes, Tampa, for appellant.
William M. Holland, Jr., Tampa, for appellee.
The appellant husband appeals a final judgment of dissolution of marriage, attacking the permanent alimony awarded to appellee wife; the awarding to the wife the sole and exclusive use of the marital home owned by the entireties 'so long as she may reside there, or until she remarries or dies'; and the awarding of child support to the two minor children
We affirm the award of permanent alimony to the wife; however, the other two points raised must be reversed.
On the question of the award to the wife of the sole and exclusive use of the marital home held in the entireties so long as she resides there, or remarries or dies, we held in Saviteer v. McAdoo, Fla.App.2d 1975, 310 So.2d 28, at page 29:
'The granting of exclusive Possession of entireties property to one of the parties in a final judgment of dissolution is, we think, anathema unless it either takes the form of a lump sum alimony award or is so awarded to a wife and mother of minor children of whom she has custody so as to enforce the husband-father's obligation to support and maintain the children. Neither was the case here. Likewise, if it were intended by the final judgment herein that the husband be given a life estate, which both parties seem to think but with which we disagree, it is equally ineffective. We are aware of no rule of law which would authorize the granting of a life estate under the circumstances here absent a finding of special equity. No such finding was made.
'In any case, whatever interest was awarded husband, we think it propitious to say here, and we so hold, that the final judgment did not change the statutory legal effect of the judgment of dissolution on the aforesaid entireties property. 1 That is to say, upon the
judgment of dissolution the parties owned the same as tenants in common.
On the question of the award of child support after the 18th birthday of the minor children, we held in Kowalski v. Kowalski, Fla.App.2d 1975, 315 So.2d 497,...
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