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BALLANCE v. BALLANCE

No. 80-1066.

404 So.2d 400 (1981)

Thelma M. BALLANCE, Appellant/Cross-Appellee, v. William K. BALLANCE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

October 7, 1981.

Attorney(s) appearing for the Case

John DeM. Haines of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for appellant/cross-appellee.

Michael R. Walsh, Orlando, for appellee/cross-appellant.

PER CURIAM.

AFFIRMED.

ORFINGER and COWART, JJ., concur.

DAUKSCH, C.J., dissents with opinion.

DAUKSCH, Chief Judge, dissenting:

I respectfully dissent. In my opinion the trial court erred in awarding a special equity in the marital residence to the wife. The court awarded "the husband's interest in a jointly owned marital residence located ..., because the wife has established by clear and convincing evidence a special equity in and...

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