CUMBIE v. CUMBIE, 395 So.2d 1195 (Fla.App. 1 Dist. 1981)

ELAINE WEAVER CUMBIE, APPELLANT, v. MARVIN LEROY CUMBIE, APPELLEE.

No. WW-471.District Court of Appeal of Florida, First District.
March 5, 1981. Rehearing Denied April 15, 1981.

Appeal from the Circuit Court, Duval County, Marion W. Gooding, J.

Sharon H. Tanner, Jacksonville, for appellant.

William T. Lassiter, Jr., Jacksonville, for appellee.

PER CURIAM.

We construe the final judgment in this dissolution of marriage action as granting the wife prospective credit, at the time of partition, for ownership expenses she had paid and will pay on the marital home from the date the final judgment was filed. This is proper. Smith v. Smith, 390 So.2d 1223 (Fla. 1st DCA 1980). The wife has not made an adequate showing that the trial judge abused his discretion in denying her request that she be awarded the home as a

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special equity. See Canakaris v. Canakaris, 382 So.2d 1197
(Fla. 1980).

Accordingly, the judgment is AFFIRMED.

ROBERT P. SMITH, Jr., J., and WILLIAM C. OWEN, Jr., (Retired) Associate Judge, concur.

MILLS, C.J., dissents with opinion.

MILLS, Chief Judge, dissenting:

I dissent. Under the facts of this case, which are uncontroverted, it is my opinion the trial court abused its discretion in failing to award the wife the husband’s interest in the home as lump sum alimony. Canakaris v. Canakaris, 382 So.2d 1197
(Fla. 1980).