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587 So. 2d 668

Frank v. Frank

District Court of Appeal of Florida

Decided October 23, 1991

District Court of Appeal of Florida · decided 1991-10-23

Cited by 1 later decisions — most recently August 2018

1 state decisions

Relies on 579 So. 2d 142 - Rowe v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-10-23

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PER CURIAM.

¶1We affirm as to the main appeal, but reverse as to the cross appeal.

¶2Although we agree that the trial court lacked jurisdiction to modify the property settlement aspects of the parties final judgment of dissolution, we hold that the trial judge should have considered the sequestration and application of appellant’s interest in the former marital home to discharge the support obligation arrearages. Cimitier v. Cimitier, 579 So.2d 142 (Fla. 3d DCA 1991). Upon remand, because the value of appellant’s interest in the former marital home appears to exceed the amount of the arrearages, the trial court should also consider whether to impose a trust on appel*669lant’s excess valuation to insure the payment of future support obligations.

¶3AFFIRMED IN PART; REVERSED IN PART AND REMANDED FOR FURTHER CONSIDERATION CONSISTENT WITH THIS OPINION.

HERSEY, GUNTHER and GARRETT, JJ., concur.
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