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FELL v. FELL

No. AL-42.

421 So.2d 790 (1982)

Malcolm Frederick FELL, Appellant, v. Louella F. FELL, Appellee.

District Court of Appeal of Florida, First District.

November 16, 1982.

Attorney(s) appearing for the Case

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.

PER CURIAM.

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 review of the record, however, we find that the award was justified as lump sum alimony "to ensure an equitable...

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