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462 So. 2d 575

462 So.2d 575

10 Fla.L.Weekly 250

King v. Antonowicz

District Court of Appeal of Florida

Decided January 22, 1985

District Court of Appeal of Florida · decided 1985-01-22

Decided 1985-01-22

PER CURIAM.

¶1At the time the trial court entered its order amending the final judgment of dissolution, thereby granting the husband an equitable distribution of proceeds from any future sale of the marital residence, there was no pending motion and, therefore, the court lacked jurisdiction to do so.1 For that reason, we now vacate the amended final judgment and remand with directions to reinstate the final judgment.

¶2Reversed and remanded with directions.

¶3. Even if the order amending final judgment were, indeed, valid, the wife would be entitled, nonetheless, to credit for the monies she expended over fifteen years for mortgage payments, taxes, maintenance, and upkeep of the house, an amount which undoubtedly offsets any equity which the husband now claims in the house.

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