TaiLexi AI U.S. Case Law

Meridith v. Meridith

Meridith v. Meridith, 366 So. 2d 425 (Fla. 1978)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Florida · State Highest Courts
Decided
December 21, 1978
Docket
No. 51858
Judges
Per Curiam
Citations
366 So. 2d 425
Cited by 7

Opinion — Per Curiam

366 So.2d 425 (1978)

Larry Gene MERIDITH, Petitioner,

v.

Debbie Ewing MERIDITH, Respondent.

No. 51858.

Supreme Court of Florida.

December 21, 1978.

F.D. McKnight of Yergey, Yergey & McKnight, Orlando, for petitioner.

James N. Powers, Orlando, for respondent.

PER CURIAM.

We have jurisdiction of this cause because the decision of the District Court, Meridith v. Meridith, 352 So.2d 72 (Fla. 4th DCA 1977) conflicts with Cummings v. Cummings, 330 So.2d 134 (Fla. 1976), among other cases. Article V, Section 3(b)(3), Florida Constitution.

In Cummings the parties in a marriage dissolution proceeding owned their home as a tenancy by the entireties. Upon dissolution the usual course would have been for the parties to hold the home as tenants in common. Section 689.15, Florida Statutes (1975). Instead, the court awarded the marital home to the wife as lump sum alimony and the District Court affirmed. We quashed the affirmance because there was no positive showing of necessity on the wife's part. As was stated in Judge Downey's dissent, there was no such showing to support the award to the wife of the marital home, held jointly by the parties, in this case, either.

The decision of the District Court is quashed and the dissenting opinion of Judge Downey is adopted as the decision of this Court. The cause is remanded with directions to enter the mandate suggested by Judge Downey.

It is so ordered.

ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur.

ENGLAND, C.J., and OVERTON and ALDERMAN, JJ., dissent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1979: 31980: 21981: 11985: 119792026peak 1979 · 3

Relies on it most ⓘ

  1. Cornelius v. Cornelius382 So. 2d 710 (Fla. Dist. Ct. App. 1979)
  2. Creel v. Creel378 So. 2d 1251 (Fla. Dist. Ct. App. 1979)
  3. Lewis v. Lewis383 So. 2d 1143 (Fla. Dist. Ct. App. 1980)
  4. Judge v. Judge370 So. 2d 833 (Fla. Dist. Ct. App. 1979)
  5. MacDonald v. MacDonald382 So. 2d 50 (Fla. Dist. Ct. App. 1980)
  6. Billings v. Billings406 So. 2d 1204 (Fla. Dist. Ct. App. 1981)

Most recent

  1. Wittenstein v. Wittenstein466 So. 2d 18 (Fla. Dist. Ct. App. 1985)
  2. Billings v. Billings406 So. 2d 1204 (Fla. Dist. Ct. App. 1981)
  3. Lewis v. Lewis383 So. 2d 1143 (Fla. Dist. Ct. App. 1980)
  4. MacDonald v. MacDonald382 So. 2d 50 (Fla. Dist. Ct. App. 1980)
  5. Creel v. Creel378 So. 2d 1251 (Fla. Dist. Ct. App. 1979)
  6. Cornelius v. Cornelius382 So. 2d 710 (Fla. Dist. Ct. App. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Cummings v. Cummings, 330 So. 2d 134 (Fla. 1976) 80
Meridith v. Meridith, 352 So. 2d 72 (Fla. Dist. Ct. App. 1977) 6
In re the Estate of Siegel, 366 So. 2d 425 (Fla. 1978) 1

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list