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FOXX v. FOXX

No. AK-325.

424 So.2d 947 (1983)

Thomas F. FOXX, Appellant, v. Frances G. FOXX, Appellee.

District Court of Appeal of Florida, First District.

January 7, 1983.

Attorney(s) appearing for the Case

G. James Roark, III of Roark & Roark, P.A., Pensacola, for appellant.

Richard H. Merritt, Sr. of Merritt, Johnson & Ratchford, Pensacola, for appellee.

JOANOS, Judge.

This is an appeal from an award, in dissolution of marriage proceedings, of exclusive use and possession of the marital home and its furniture and furnishings to the wife. The circumstances of this award do not satisfy the prerequisites for an award of exclusive use and possession set forth in Duncan v. Duncan, 379 So.2d 949 (Fla. 1980), therefore we reverse.

In Duncan the Supreme Court set forth...

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