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59 So. 2d 871

Boles v. Boles

Supreme Court of Florida

Decided June 27, 1952.

Rehearing Denied August 5, 1952.

Supreme Court of Florida · decided 1952-06-27

Relies on Strauss v. Strauss · Giachetti v. Giachetti · Martin v. Alderman

Good law ✅— No negative treatment on recordhow we know

Decided 1952-06-27

How this case has been cited

Cited by 15 later decisions — most recently December 2004

15 state decisions

70195219601970198019902000decided

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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¶1P. Donald DeHoff, Jacksonville, for appellant.

¶2Wayne E. Ripley, Jacksonville, for appellee.

¶3TERRELL, Justice.

¶4Appellee sued appellant for divorce and for division of certain real and personal property, a portion of the realty being owned as an estate by the entireties. At final hearing the Master found that Lots 21, 22, 26, and 27, Block 2, Glendale, Jacksonville, Duval County were purchased jointly by plaintiff and defendant. He recommended that plaintiff be required to quitclaim defendant, within five days, all her right, title and interest to Lots 21 and 22 so described and that defendant be required to quitclaim plaintiff within five days, all his right, title and interest to Lots 26 and 27 so described.

¶5The final decree granted the divorce, approved the recommendation of the Master as to the lots of land described in the preceding paragraph, taxed costs of the suit to defendant and required him to pay certain fees to the Special Master and the complainant's solicitor, including alimony payments to complainant. This appeal is from that part of the final decree making distribution of the property. That part granting the divorce is not assaulted.

¶6Appellant contends that the parties had been living together as husband and wife for seventeen years, that he had contributed large sums of money to the improvement of lands owned by plaintiff at the time of their marriage, that he contributed to the purchase and improvement of the lands purchased after their marriage and that in view of this and other contributions made by him to the common estate, the division made by the final decree was inequitable and unjust.

¶7We have examined these contentions and find that they were all decided against appellant on evidence that was conflicting but ample to sustain the chancellor's decree. We find no reason to reverse the decree except as to distribution of Lots 21, 22, 26, and 27, Block 2, Glendale, Jacksonville.

¶8We think that part of the final decree requiring plaintiff to quitclaim defendant her interest in Lots 21 and 22, Block 2, Glendale and requiring defendant to quitclaim the plaintiff his interest in Lots 26 and 27, Block 2, Glendale, was error. These properties were purchased by the joint funds of the parties and title to them was taken in their joint names. They constituted an estate by the entireties and on the dissolution of the marriage the parties became tenants in common as to said lots and the final decree should have so stated. Section 689.15, F.S.A. To this extent the *872 decree appealed from is reversed. In other respects it is affirmed. Strauss v. Strauss, 148 Fla. 23, 3 So.2d 727; Giachetti v. Giachetti, 157 Fla. 259, 25 So.2d 658.

¶9It follows that the decree appealed from is affirmed in part and reversed in part.

¶10Affirmed in part, reversed in part.

¶11SEBRING, C.J., THOMAS, J., and MURPHREE, Associate Justice, concur.

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