Bailes v. Bailes

Shirley BAILES v. Alan BAILES

Bailes v. Bailes, 468 So. 2d 396 (Fla. Dist. Ct. App. 1985)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: April 23, 1985
Docket: No. 84-1641
Judges: Bark, Dull, Hubbart, Schwartz
Citations: 468 So. 2d 39610 Fla. L. Weekly 10261985 Fla. App. LEXIS 13590

Cited by 3

Opinion of the Court — Schwartz

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SCHWARTZ, Chief Judge.

We affirm the financial aspects of the final judgment of dissolution under review on the familiar ground that each of the rulings in question represents an appropriate exercise of the trial court’s discretion. Walter v. Walter, 464 So.2d 538 , (Fla.1985); Marcoux v. Marcoux, 464 So.2d 542 , (Fla.1985); Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980).

The only issue which requires individualized treatment is Ms. Bailes’s claim, citing Schein v. Schein, 448 So.2d 16 (Fla. 3d DCA 1984), that she was incorrectly denied compensation for the rental value of her share of the jointly-held marital home during the period that the husband was granted exclusive possession incident to his custody of the children. On this record, we find no error in this ruling because the unchallenged requirement that the husband make all of the mortgage payments, half of which will serve to increase the ex-wife’s equity, without any provision for his being given credit for her half when the home is sold, represents an expenditure for her benefit at least substantially equivalent to the rental value of her interest. See Finn v. Finn, 464 So.2d 1266 , (Fla. 3d DCA 1985). Moreover, any uncompensated use of the home by the children and their custodian-father may properly have been regarded by the lower court as a discharge of her duty to contribute to their support. Wood v. Friedman, 388 So.2d 1355 (Fla. 5th DCA 1980); see sec. 61.13, Fla.Stat. (1981); Siegel v. Zimmerman, 319 So.2d 187 (Fla. 3d DCA 1975).

Affirmed.

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

Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Williams v. Williams683 So. 2d 1119 (Fla. Dist. Ct. App. 1996)
Fischer v. Fischer503 So. 2d 399 (Fla. Dist. Ct. App. 1987)
Wertheimer v. Wertheimer487 So. 2d 90 (Fla. Dist. Ct. App. 1986)

Most recent

Williams v. Williams683 So. 2d 1119 (Fla. Dist. Ct. App. 1996)
Fischer v. Fischer503 So. 2d 399 (Fla. Dist. Ct. App. 1987)
Wertheimer v. Wertheimer487 So. 2d 90 (Fla. Dist. Ct. App. 1986)

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 7

Depth	Case	Cited by
	Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)	2,222
	Walter v. Walter, 464 So. 2d 538 (Fla. 1985)	67
	Marcoux v. Marcoux, 464 So. 2d 542 (Fla. 1985)	63
	Siegel v. Zimmerman, 319 So. 2d 187 (Fla. Dist. Ct. App. 1975)	11
	Schein v. Schein, 448 So. 2d 16 (Fla. Dist. Ct. App. 1984)	8
	Wood v. Friedman, 388 So. 2d 1355 (Fla. Dist. Ct. App. 1980)	7
	Finn v. Finn, 464 So. 2d 1266 (Fla. Dist. Ct. App. 1985)	6

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