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MILLER v. MILLER

No. BN-248.

513 So.2d 199 (1987)

Otto MILLER, Appellant, v. Abbie Jean MILLER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 21, 1987.

Attorney(s) appearing for the Case

John F. Rodenborn of Matthews, Stone & Rodenborn, P.A., Jacksonville, for appellant.

James G. Roberts, Jacksonville, and Michael J. Korn, of Christian, Prom & Korn, Jacksonville, for appellee.

NIMMONS, Judge.

This is an appeal from a final judgment of dissolution of marriage. We affirm in part and reverse in part.

We find that the trial court erred in two respects. First, the court erred in awarding the wife exclusive use and possession of the marital home. As stated by the Florida Supreme Court in Duncan v. Duncan, 379 So.2d 949, 952 (Fla. 1980):

The award of "exclusive possession" of property...

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