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District Court of Appeal of Florida


Whalen v. Whalen, 4D05-3936

A judgment of dissolution is reversed and remanded for re-calculation of the husband's special equity in the parties' home where: 1) the trial court calculated the proper special equity percentage but erroneously applied it against half of the net equity in the property, after satisfaction of two mortgages, rather than applying it as a percentage of the whole; and 2) the percentage needed to be applied against the market value, not the net proceeds.

Appellate Information

  • Decided 09/13/2006
  • Published 09/13/2006

Judges

  • STONE, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Troy W. Klein of Troy W. Klein, P.A., West Palm Beach, for appellant.

  • For Appellees:
  • No appearance for appellee.
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