Duncan v. Duncan, HH-19
| Decision Date | 24 February 1978 |
| Docket Number | No. HH-19,HH-19 |
| Citation | 356 So.2d 28 |
| Parties | Dorothy Nell DUNCAN, Appellant, v. Tommy David DUNCAN, Sr., Appellee. |
| Court | Florida District Court of Appeals |
Robert E. Gibson, of Williams, Gibson & Harley, Tallahassee, for appellant.
Harold E. Regan, Tallahassee, for appellee.
This is an appeal from a final judgment and an amendment to the final judgment of dissolution. The trial court originally made alimony and child support awards to appellant/wife and awarded her the exclusive use of the marital home as long as the minor children continued to live with her unmarried. Subsequently, on its own motion, the trial court awarded husband the exclusive occupancy of another house owned by the parties in Opp, Alabama, also until the minor children reached majority. Later the court granted a Petition for Clarification filed by husband which provided that wife's half of certain certificates of deposit awarded in the final judgment be charged with one-half of a loan against them which had financed the purchase of a truck for husband during the marriage. After a hearing, the trial court found a special equity in favor of husband and reinstated its order giving him the exclusive use of the Alabama house as long as the minor children resided with wife unmarried. The court denied wife's request for attorney's fees. Finally, he ordered husband to pay wife an additional $1,750 to equalize the values of the vehicles awarded in the final judgment, but reinstated his order charging wife's part of the certificates of deposit with one-half of the loan on husband's truck. This appeal by wife ensued.
Wife contends first that the trial court erred in awarding the exclusive use of the Alabama house to husband as long as the minor children continued to live with wife unmarried. We do not agree. The record reveals that husband drew the blueprints and laid the foundation for the house himself, and personally contracted out the carpentry, bricklaying, plumbing and wiring work on it. In addition, he made numerous weekly trips from Pensacola to Alabama over a three-month period to pay the subcontractors and otherwise supervise the construction of the house. We find this significant personal contribution to be sufficient to establish a special equity in husband in the Alabama house, at least to the extent of granting him the exclusive use of that house while wife has exclusive use of the parties' marital home. See ...
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O'Dell v. O'Dell
...adduced to show any extraordinary contribution of funds or services by Linda to the premarital property, as required by Duncan v. Duncan, 356 So.2d 28 (Fla. 1st DCA 1978), cert. denied, 379 So.2d 949 (Fla.1980), or, assuming enhancement, the dollar value of that enhancement. See Wallace v. ......
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Duncan v. Duncan
...cause is before the Court on a petition for certiorari to review the decision of the First District Court of Appeal reported at 356 So.2d 28 (Fla. 1st DCA 1978). The district court approved the trial court's judgment, which included as part of an overall property disposition the award to th......
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Dix v. Dix, 80-719
...1974). See Abbott v. Abbott, 297 So.2d 608 (Fla. 2d DCA 1974); Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); and Duncan v. Duncan, 356 So.2d 28 (Fla. 1st DCA 1978). ANSTEAD, MOORE and GLICKSTEIN, JJ., ...
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...on the authority of Canakaris v. Canakaris, 382 So.2d 1197, (Fla. Case No. 54,124, Opinion issued March 27, 1980), and Duncan v. Duncan, 356 So.2d 28 (Fla. 1st DCA 1978). LETTS, C.J., and BERANEK and HERSEY, JJ., ...