Fell v. Fell

421 So.2d 790 (1982)

Malcolm Frederick FELL, Appellant,

v.

Louella F. FELL, Appellee.

No. AL-42.

District Court of Appeal of Florida, First District.

November 16, 1982.

R. John Westberry, of Cohen & Westberry, P.A., Pensacola, for appellant.

Richard E. Scherling, of Levin, Warfield, Middlebrooks, Mabie & Magie, P.A., Pensacola, for appellee.

We agree with appellant that the trial court erred in awarding his ex-wife his one-half interest in the marital home on the basis of special equity. Smith v. Smith, 418 So.2d 1053 (Fla. 1st DCA 1982); Duncan v. Duncan, 379 So.2d 949 (Fla. 1980). Based on our…