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550 So. 2d 42

550 So.2d 42

14 Fla.L.Weekly 1981

Mack v. Mack

District Court of Appeal of Florida

Decided August 22, 1989

District Court of Appeal of Florida · decided 1989-08-22

Relies on 491 So. 2d 265 - Diffenderfer v. Diffenderfer

Decided 1989-08-22

PER CURIAM.

¶1As one of her issues in this appeal, the former wife contends that the trial court closed its eyes to the husband’s pension fund, which accumulated during the course of the thirty-year marriage, as marital property subject to equitable distribution, citing Diffenderfer v. Diffenderfer, 491 So.2d 265 (Fla.1986). Indeed the final judgment is silent on the subject. We, accordingly, remand the case to the trial court with instructions to treat the husband’s retirement benefits as marital property and make such distribution as is necessary to do equity and justice between the parties. No abuse of discretion is shown, however, in the alimony award.

¶2Remanded for further proceedings.

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