MACK v. MACK, 550 So.2d 42 (Fla.App. 3 Dist. 1989)

AZALEE MACK, APPELLANT, v. JAMES E. MACK, APPELLEE.

No. 88-1751.District Court of Appeal of Florida, Third District.
August 22, 1989. Rehearing Denied November 9, 1989.

An Appeal from the Circuit Court for Dade County; Jack M. Turner, Judge.

Jack P. Attias, Key Biscayne, for appellant.

No appearance for appellee.

Before HUBBART, FERGUSON and COPE, JJ.

PER CURIAM.

As one of her issues in this appeal, the former wife contends that the trial court closed its eyes to the husband’s pension fund, which accumulated during the course of the thirty-year marriage, as marital property subject to equitable distribution, citing Diffenderfer v. Diffenderfer, 491 So.2d 265 (Fla. 1986). Indeed the final judgment is silent on the subject. We, accordingly, remand the case to the trial court with instructions to treat the husband’s retirement benefits as marital property and make such distribution as is necessary to do equity and justice between the parties. No abuse of discretion is shown, however, in the alimony award.

Remanded for further proceedings.

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