Iodice v. Scoville

• Decision Date: 19 December 1984
• Docket Number: No. 84-188,84-188
• Citation: 10 Fla. L. Weekly 23,460 So.2d 576
• Parties: 10 Fla. L. Weekly 23 Peter IODICE, Jr., Appellant, v. Loretta SCOVILLE, f/k/a Loretta Iodice, Appellee.
• Court: Florida District Court of Appeals

Page 576

460 So.2d 576

10 Fla. L. Weekly 23

Peter IODICE, Jr., Appellant, v.Loretta SCOVILLE, f/k/a Loretta Iodice, Appellee.

No. 84-188.

District Court of Appeal of Florida Fourth District.

Dec. 19, 1984.

Lawrence M. Kopelman, Fort Lauderdale, for appellant.

No appearance for appellee.

DOWNEY, Judge.

Appellant seeks reversal of a judgment entered in a partition proceeding in which the trial court failed to award appellant one-half of the interest payments he made on the mortgage during his occupancy of the premises and certain sums he claimed for maintenance and repairs.

In the final judgment dissolving the marriage between the partiesappellant was awarded custody of the parties' three children and possession of the jointly owned marital domicile.When the last child reached majority, appellee sued to partition the property.Appellant counterclaimed for a set-off or reimbursement for principal and interest payments on the mortgage and for maintenance, repairs, and improvements made during his occupancy with the children.The trial judge refused to award appellant any credit for the interest portion of the mortgage payments and did not award a full one-half of the claimed expenditures for maintenance, repairs and improvements.

The court properly found the appellant husband entitled to reimbursement for one-half of the principal payments that he made on the mortgage.12 Fla.Jur.2d, Cotenancy and Partition, § 65.We find nothing in the record to justify denying him reimbursement of the interest payments.On the other hand, the circuit court properly did not allow the appellee the rental value of the property during appellant's use and occupancy thereof, because appellant's...