Italiane v. Italiane
| Decision Date | 04 February 1977 |
| Docket Number | No. 76--423,76--423 |
| Citation | 342 So.2d 1003 |
| Parties | Wayne F. ITALIANE, Appellant, v. Joanne G. ITALIANE, Appellee. |
| Court | Florida District Court of Appeals |
Ralph Paul Douglas, Pompano Beach, for appellant.
Robert T. Grace, Pompano Beach, for appellee.
This is an appeal from a Final Judgment in a dissolution case and essentially concerns itself with the award of special equities in real property. We reverse in part and affirm in part.
The marriage entered into in 1972 was dissolved four years later almost to the day. It was apparently a stormy marriage which ended in physical combat just prior to the dissolution. As a result of the combat the wife incurred physical injury for which the court ordered the husband to pay to the wife $300 as a contribution toward her medical expenses. This was a proper award and we affirm that portion of the Judgment.
During the marriage the parties acquired interest in two parcels of real estate. The Jefferson County property interest was purchased jointly and titled jointly. The down payment was $6,000, $2,200 of which came from a joint savings account, $2,500 of which came from a loan by the wife's father, and the remaining $1,300 borrowed by the parties from a finance company. The record does not disclose the value of the property. But the court awarded the wife the husband's equity in the property because the wife was bound to pay her father the $2,500 he had loaned toward the purchase price. There was no determination as to who was responsible to pay the $1,300 to the finance company so it is assumed the parties are jointly and severally liable for that portion of the down payment. Also, it is remembered that $2,200 of the down payment was from joint funds. For these reasons the wife has failed to establish that she is legally entitled to the husband's entire interest in the property and the court erred in so ordering.
During the marriage the parties lived in a home on 45th Street in Lighthouse Point, which home was purchased from the separate funds of the wife and was her property. The husband claims special equity in this real property because he performed certain labor to make improvements and paid for the materials to improve the property. Further, he signed a promissory note secured by a mortgage on the marital residence binding himself to pay $50,000 in the event the requirements of the mortgage were not met. He did this on the assurance from his wife that she was going to...
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Creel v. Creel
...carefully the various equities of the parties as established by the evidence. See the principle stated in Italiane v. Italiane, 342 So.2d 1003, 1005 (Fla.4th DCA 1977). II. The wife's cross-appeal urges error in the trial court's failure to award permanent instead of rehabilitative alimony.......
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Wolfson v. Cary
...is solely liable can constitute a separate non-marital asset. Kaylor v. Kaylor, 390 So.2d 752 (Fla. 4th DCA 1980); Italiane v. Italiane, 342 So.2d 1003 (Fla. 4th DCA 1977). Since the trial court's findings of fact in denying the claim for a special equity are presumed to be correct, Marsh v......
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Gallardo v. Gallardo, 91-1198
...(1989). 6 Likewise, the trial court erred in neglecting to distribute the marital liabilities. Sec. 61.075; Italiane v. Italiane, 342 So.2d 1003, 1005 (Fla. 4th DCA 1977). We find no merit to the remaining issues on Affirmed in part; reversed in part; remanded with directions. 1 The trial c......
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Gratton v. Gratton, 77-122
...shown to disturb the special equity award to the husband. See Poston v. Poston, 332 So.2d 363 (Fla. 1st DCA 1976); Italiane v. Italiane, 342 So.2d 1003 (Fla. 4th DCA 1977). It was argued strenuously on behalf of the wife that the circumstances of the case were such that an award of permanen......