09-4477 TERRY M. DAVIS, v. BONNY P. DAVIS

State: Florida

Court: Florida First District Court

Docket No: 09-4477

Case Date: 04/20/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

TERRY M. DAVIS, Appellant, v. BONNY P. DAVIS, Appellee. _____________________________/ Opinion filed April 20, 2010.

CASE NO. 1D09-4477

An appeal from the Circuit Court for Bay County. Judy Pittman, Judge. Kristin Adamson, Tallahassee, for Appellant. Jeffrey P. Whitton, Panama City and Monica Cothran, Panama City, for Appellee.

BENTON, J. We have for review a dissolution decree finding a special equity in favor of the former wife, Bonny P. Davis, in the marital home to which, when the dissolution petition was filed, the parties held title as tenants by the entireties. Here as below, the former husband, Terry M. Davis, contends that the ruling on

special equity was error. We reverse and remand for equitable distribution without regard to any special equity in favor of either party. Under section 61.075(5)(a)(5.), Florida Statutes (2007), it was presumed that real property the parties to a dissolution proceeding held as tenants by the entireties was a marital asset, even where the real property was originally the sole property of one of the parties to the marriage. Before the statute was amended to abolish special equity outright, see Ch. 08-46,

Download 09-4477 TERRY M. DAVIS, v. BONNY P. DAVIS.pdf