HERRING v. HERRING

No. 94-3793.

666 So.2d 927 (1995)

Summer L. HERRING, Jr., Appellant, v. Flora HERRING, Appellee.

District Court of Appeal of Florida, First District.

Order Denying Rehearing January 30, 1996.


Attorney(s) appearing for the Case

M. Burt Wade, Law Office of M. Burt Wade, Orange Park, for appellant.

Nancy Nowlis, Jacksonville, for appellee.


JOANOS, Judge.

Appellant, Summer L. Herring, Jr., appeals the final judgment of dissolution of the parties' marriage. The issue is whether military retirement earned and vested during the parties' first marriage is a marital asset subject to equitable distribution after the parties' subsequent remarriage to each other is dissolved. We reverse.

The parties were married on April 16, 1960. At that time, appellant was on active duty in the United States Army....

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