Florida District Courts of Appeal, 1992

McCain v. McCain

McCain v. McCain
Florida District Courts of Appeal · Decided June 3, 1992 · Anstead, Hersey, Letts
605 So. 2d 92; 1992 Fla. App. LEXIS 6434; 1992 WL 115803 (Southern Reporter, Second Series)

McCain v. McCain

070rehearing

ON MOTION FOR REHEARING

We deny the motion for rehearing except that we agree with appellant that the trial court should be required on remand to either grant her credit for the mortgage payments or set out in an amended judgment a basis in law and fact as to why she would not be entitled to a credit. Cf. Pastore v. Pastore, 497 So.2d 635 (Fla. 1986).

ANSTEAD, LETTS and HERSEY, JJ., concur.

Opinion of the Court

PER CURIAM.

We affirm in all respects with the exception that we agree with appellant that she was entitled to an award of permanent alimony. On that issue we reverse and remand with directions that the award of periodic alimony be made permanent.

In affirming the trial court on all other points, we specifically reject the wife’s claim that the trial court erred in failing to award her a special equity in the wrongful death award recovered by the *93husband arising out of the death of the husband’s child by a previous marriage. Cf. Weisfeld v. Weisfeld, 545 So.2d 1341 (Fla. 1989).

ANSTEAD, LETTS and HERSEY, JJ., concur.

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