734 So. 2d 537 - Todd v. Todd’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An award of exclusive use and possession of the marital home must serve a special purpose, such as providing a benefit for a minor child. See Kirkland v. Kirkland, 568 So.2d 494, 495-496 (Fla. 1st DCA 1990), citing Duncan v. Duncan, 379 So.2d 949 (Fla.1980). See also Sency v. Sency, 478 So.2d 432, 433 (Fla. 5th DCA 1985)("Exclusive possession given an ex-spouse and children of a marriage always constitutes an aspect of child support in kind."). An award of exclusive use and possession should specify the period of time for possession, and should include an express provision for termination of exclusive use and possession when the minor child attains the age of eighteen, as well as a provision that the award may be terminated if the party in residence remarries. See Kirkland, 568 So.2d at 496 ; Messal v. Messal, 424 So.2d 932, 934 (Fla. 1st DCA 1983); White v. White, 413 So.2d 132 (Fla. 1st DCA 1982); Savage v. Savage, 556 So.2d 1213, 1214 (Fla. 2d DCA 1990); Harvey v. Harvey, 411 So.2d 324, 325 (Fla. 5th DCA 1982). It is error to extend exclusive use and possession of the marital home beyond the attainment of majority of a minor child, or remarriage of the party in residence, in the absence of a showing of special circumstances to support continuation of exclusive use and possession. See Wilson v. Wilson, 657 So.2d 961 (Fla. 1st DCA 1995). Accord Morgenstern v. Morgenstern, 619 So.2d 327, 328 (Fla. 3d DCA 1993).”

   2 later decisions quote this exact passage · from the majority
   e.g. 789 So. 2d 1141 - Arze v. Sadough-Arze · 78 So. 3d 100 - Fisher v. Fisher