Florida District Courts of Appeal, 1999

Turner v. Turner

Florida District Courts of Appeal · Decided December 22, 1999 · No. 99-901 · Barfield, Ervin, Wolf

746 So. 2d 584; 1999 Fla. App. LEXIS 17030; 1999 WL 1244439 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Ashley v. Moore (Fla. Dist. Ct. App. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The trial court abused its discretion by denying appellant’s motion to amend and conform the final judgment to the evidence and pleadings, which was treated as a motion for rehearing wherein appellant requested a ruling on the husband’s retirement/pension benefits as set forth in his financial affidavit. The trial court was required under section 61.075, Florida Statutes (Supp. 1996), to equitably distribute the husband’s retirement/pension benefits accrued during the marriage. -Its denial of appellant’s motion seeking a ruling on those benefits is contrary to the legislative mandate set forth in section 61.075 and thus constitutes an abuse of discretion.

REVERSED and REMANDED for further proceedings consistent with this decision.

BARFIELD, C.J., and ERVIN and WOLF, JJ„ CONCUR.

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