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376 So. 2d 294

Docket No. 79-449.

Behrman v. Behrman

Donald M. BEHRMAN, Appellant, v. Martha Mae BEHRMAN, Appellee.

District Court of Appeal of Florida

Decided October 31, 1979.

District Court of Appeal of Florida · decided 1979-10-31

Relies on 335 So. 2d 5 - Shannon v. State · 362 So. 2d 302 - Lawless v. Lawless

Good law ✅— No negative treatment on recordhow we know

Decided 1979-10-31

How this case has been cited

Cited by 14 later decisions — most recently March 2005

14 state decisions

1001979198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*295 Stevan T. Northcutt of Levine, Freedman, Hirsch & Levinson, Tampa, for appellant.

¶2Russell K. Peavyhouse of Peavyhouse, Giglio, Grant, Clark, Charlton & Mount, Tampa, for appellee.

¶3PER CURIAM.

¶4Donald M. Behrman appeals from the provisions of a final judgment of dissolution of marriage, alleging the court erred in making an award of lump sum alimony to appellee and in refusing appellant a special equity in a jointly owned $7,000.00 certificate of deposit.

¶5We affirm all aspects of the final judgment except the denial of a special equity in the certificate of deposit. Appellant testified that the certificate was purchased after his mother's death with funds directly from her estate account. Although some funds from the estate were mingled in the parties' other joint accounts, only estate funds were used to open the account in question. We hold that the ownership rights are easily ascertainable because the funds came from a source unconnected with the marital relationship, and that the subsequent action of the parties in keeping the funds separate from co-mingled funds is consistent with a "no gift" presumption. Lawless v. Lawless,362 So.2d 302 (Fla. 2d DCA 1978). See Ball v. Ball,335 So.2d 5 (Fla. 1976).

¶6REMANDED for entry of an order consistent with this opinion.

¶7HOBSON, Acting C.J., and RYDER and DANAHY, JJ., concur.

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