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Carr v. Carr

District Court of Appeal of Florida, Fourth District
Nov 14, 1990
569 So. 2d 903 (Fla. Dist. Ct. App. 1990)

Summary

explaining that "we must follow the law of our own cases until we are overruled or until we recede from them"

Summary of this case from Imerys Talc Am., Inc. v. Ricketts

Opinion

No. 88-2079.

November 14, 1990.

Appeal from the Circuit Court for Palm Beach County, James R. Stewart, Jr., J.

Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellant.

Frank B. Kessler, Lake Worth, for appellee.


ON MOTION FOR REHEARING


The motion for rehearing is granted. The opinion of April 25, 1990 is withdrawn and the following opinion is substituted.

This appeal emanates from a final judgment of dissolution in which the wife concedes that she received at least 84% of the marital assets as an equitable distribution. We reverse.

For better or for worse, for richer or for poorer, the Fourth District Court of Appeal has held on at least two occasions that: "[i]n this district . . . asset distribution should be equal unless there is justification for a disparity of treatment." Bobb v. Bobb, 552 So.2d 334, 335 (Fla. 4th DCA 1989); Longo v. Longo, 533 So.2d 791, 793 (Fla. 4th DCA 1988). Frankly, this particular author questions whether, in so holding, we have correctly followed the teachings of Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980), because what we have done here at the Fourth District, comes perilously close to an adoption of the community property concept.

However, this author's concern is not the point. This court sitting en banc in Longo held that the distribution should be equal unless justification for unequal treatment is shown, such as was enunciated in Lester v. Lester, 547 So.2d 1241 (Fla. 4th DCA 1989). Accordingly, we must follow the law of our own cases until we are overruled or until we recede from them. Trial judges in this district must do likewise.

In the case at bar, there does not appear to be justification for such a lopsided award, and the trial judge has not articulated any. Indeed, according to the husband's calculations, the award to the wife is actually over 90% of the marital assets.

Accordingly, we must reverse the equitable distribution award. As to the award of alimony and attorney's fees, we do not agree with the husband's position. However, those matters are interrelated with the equitable distribution question. Upon remand, the trial court may also reconsider all issues.

REVERSED AND REMANDED.

HERSEY, C.J., concurs in result only.

GUNTHER, J., concurs.


Summaries of

Carr v. Carr

District Court of Appeal of Florida, Fourth District
Nov 14, 1990
569 So. 2d 903 (Fla. Dist. Ct. App. 1990)

explaining that "we must follow the law of our own cases until we are overruled or until we recede from them"

Summary of this case from Imerys Talc Am., Inc. v. Ricketts

stating that "we must follow the law of our own cases until we are overruled or until we recede from them"

Summary of this case from Sturdivant v. State

stating that "we must follow the law of our own cases until we are overruled or until we recede from them"

Summary of this case from Sturdivant v. State

In Carr v. Carr, 569 So.2d 903 (Fla. 4th DCA 1990), we reversed an award of 84% of marital assets to the wife absent sufficient justification for inequitable distribution, and in Ziemba v. Ziemba, 519 So.2d 752 (Fla. 4th DCA 1988), we concluded that distribution of marital assets with 80% going to the wife and 20% to the husband unfairly penalized the husband.

Summary of this case from Spielberger v. Spielberger
Case details for

Carr v. Carr

Case Details

Full title:JAMES W. CARR, APPELLANT, v. MARIAN J. CARR, A/K/A JEANNIE CARR, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 14, 1990

Citations

569 So. 2d 903 (Fla. Dist. Ct. App. 1990)

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