District Court of Appeal of Florida

Dissolution order is reversed where: 1) the former husband did not present any special circumstances which would negate the general rule that the custodial parent be awarded the use and possession of the marital home until a minor child reaches majority; 2) there are compelling reasons for awarding the use of the home to the former wife and minor child; and 3) the husband's testimony was insufficient to rebut the presumption that the contributions he made to the marital home were intended as a gift to the wife.

Appellate Information

• Decided 01/24/2007
• Published 01/24/2007

Judges

• Before COPE, C.J., and FLETCHER and ROTHENBERG, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Henry M. Bugay, for appellant.


• For Appellees:
  
• Stratton Feinstein and Brett Feinstein and Darryl C. Dungan, for appellee.