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Behrman v. Behrman

Behrman v. Behrman, 376 So. 2d 294 (Fla. Dist. Ct. App. 1979)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
October 31, 1979
Docket
No. 79-449
Judges
Per Curiam
Citations
376 So. 2d 294
Cited by 6 1 descriptions by later courts

Opinion — Per Curiam

376 So.2d 294 (1979)

Donald M. BEHRMAN, Appellant,

v.

Martha Mae BEHRMAN, Appellee.

No. 79-449.

District Court of Appeal of Florida, Second District.

October 31, 1979.

*295 Stevan T. Northcutt of Levine, Freedman, Hirsch & Levinson, Tampa, for appellant.

Russell K. Peavyhouse of Peavyhouse, Giglio, Grant, Clark, Charlton & Mount, Tampa, for appellee.

PER CURIAM.

Donald M. Behrman appeals from the provisions of a final judgment of dissolution of marriage, alleging the court erred in making an award of lump sum alimony to appellee and in refusing appellant a special equity in a jointly owned $7,000.00 certificate of deposit.

We affirm all aspects of the final judgment except the denial of a special equity in the certificate of deposit. Appellant testified that the certificate was purchased after his mother's death with funds directly from her estate account. Although some funds from the estate were mingled in the parties' other joint accounts, only estate funds were used to open the account in question. We hold that the ownership rights are easily ascertainable because the funds came from a source unconnected with the marital relationship, and that the subsequent action of the parties in keeping the funds separate from co-mingled funds is consistent with a "no gift" presumption. Lawless v. Lawless, 362 So.2d 302 (Fla. 2d DCA 1978). See Ball v. Ball, 335 So.2d 5 (Fla. 1976).

REMANDED for entry of an order consistent with this opinion.

HOBSON, Acting C.J., and RYDER and DANAHY, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 6 cases

View all citing references →
1979: 11981: 11985: 11992: 11998: 12005: 119792026peak 1979 · 1

Relies on it most ⓘ

  1. Amato v. Amato596 So. 2d 1243 (Fla. Dist. Ct. App. 1992)
  2. Lakin v. Lakin901 So. 2d 186 (Fla. Dist. Ct. App. 2005)
  3. Walser v. Walser473 So. 2d 306 (Fla. Dist. Ct. App. 1985)
  4. Freeman v. State376 So. 2d 294 (Fla. Dist. Ct. App. 1979)
  5. Marsh v. Marsh399 So. 2d 433 (Fla. Dist. Ct. App. 1981)
  6. Spielberger v. Spielberger712 So. 2d 835 (Fla. Dist. Ct. App. 1998)

Most recent

  1. Lakin v. Lakin901 So. 2d 186 (Fla. Dist. Ct. App. 2005)
  2. Spielberger v. Spielberger712 So. 2d 835 (Fla. Dist. Ct. App. 1998)
  3. Amato v. Amato596 So. 2d 1243 (Fla. Dist. Ct. App. 1992)
  4. Walser v. Walser473 So. 2d 306 (Fla. Dist. Ct. App. 1985)
  5. Marsh v. Marsh399 So. 2d 433 (Fla. Dist. Ct. App. 1981)
  6. Freeman v. State376 So. 2d 294 (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
Ball v. Ball, 335 So. 2d 5 (Fla. 1976) 149
Freeman v. State, 376 So. 2d 294 (Fla. Dist. Ct. App. 1979) 10
Lawless v. Lawless, 362 So. 2d 302 (Fla. Dist. Ct. App. 1978) 8

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