Legal Opinion · Dissent

Overstreet v. Overstreet

District Court of Appeal of Florida

Decided September 3, 1987No. 86-980Published

1DissentSharp, Judge

The majority opinion can only be based upon the premise that if the result is “equitable,” an affirmance is proper despite errors of law committed1 by the trial judge. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). The problem with this approach in this case is that the trial judge misapplied the law, made no specific findings as to valuation of marital assets in the final judgment, and gave no reasons for unequal distribution of such assets. We are therefore unable to give this case a meaningful review on appeal.2

The trial judge misapplied the law in two instances, the facts of which…

2Cases cited10 opinions

  1. Canakaris v. CanakarisSupreme Court of Florida · 1980
  2. Carroll v. CarrollDistrict Court of Appeal of Florida · 1985
  3. Barrs v. BarrsDistrict Court of Appeal of Florida · 1987
  4. Sanders v. SandersDistrict Court of Appeal of Florida · 1986
  5. Gregg v. GreggDistrict Court of Appeal of Florida · 1985

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API