Whitesell v. Whitesell

PATTERSON, Judge.

Richard Whitesell (the husband) appeals from a final judgment of dissolution of marriage and raises three issues. We find merit in his claim that the trial court erred in awarding real property to Phyllis Whitesell (the wife) and reverse on that point.

The husband had received a ten percent interest in real property in Engle-wood, Florida, as a gift from his father. As part of the equitable distribution, the trial court awarded to the wife a five percent interest in the property. While the property’s appreciation due to the marital efforts of either spouse is considered a…