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357 So. 2d 488

Taylor v. Taylor

District Court of Appeal of Florida · decided 1978-04-19

Cited by 1 later decisions — most recently March 1980

1 state decisions

Relies on Saviteer v. McAdoo · 311 So. 2d 370 - Ranes v. Ranes

Good law ✅— No negative treatment on recordhow we know

Decided 1978-04-19

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MILLS, Acting Chief Judge,

¶1dissenting:

¶2I dissent.

¶3Exclusive possession of jointly owned property can only be awarded to a mother with minor children in her custody or as lump sum alimony. Ranes v. Ranes, 311 So.2d 370 (Fla. 2d DCA 1975); Saviteer v. McAdoo, 310 So.2d 28 (Fla. 2d DCA 1975).

¶4There were no minor children in this case nor was the exclusive use and occupancy of the marital home awarded to Mrs. Taylor as lump sum alimony. The court erred in its award of the use and occupancy of the home by Mrs. Taylor and erred in denying Mr. Taylor’s prayer for partition of the jointly owned property.

¶5I would deny Mrs. Taylor’s motion for attorney’s fees.

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