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LIBERATORE v. LIBERATORE

No. 5D11-82.

101 So.3d 1290 (2012)

Marcee LIBERATORE, Appellant, v. James H. LIBERATORE, Appellee.

District Court of Appeal of Florida, Fifth District.

December 14, 2012.

Attorney(s) appearing for the Case

Kenneth D. Morse of Kenneth D. Morse, P. A., Heathrow, for Appellant.

West, Green & Associates, P.A., and Cynthia L. Greene of Law Offices Greene Smith & Associates, P. A., Miami, for Appellee.

PER CURIAM.

In this dissolution of marriage proceeding, the former wife raises several points on appeal, only one of which warrants discussion. The former wife challenges the trial court's allocation to her of depleted assets that she used during the pendency of the dissolution proceeding to pay her attorney. In the absence of a finding of misconduct, it is error to include a depleted marital asset in the equitable distribution scheme. Austin v. Austin,

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