Sheehan v. Sheehan

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 KELLE SHEEHAN, Appellant, v. CRYSTAL MORGAN SHEEHAN, Appellee. No. 4D05-3243 [January 3, 2007] ON MOTION FOR REHEARING OR CLARIFICATION PER CURIAM. To the extent the appellant s motion seeks rehearing of our prior opinion, we deny the same. We grant, however, that portion of the motion seeking clarification. On remand, should the trial court determine that the equities require it, the trial court has the discretion to award the husband interest, accruing from entry of the final judgment of dissolution, on those sums that should have been distributed to the husband, but which the wife has had the benefit of since entry of the final judgment. Cf. Nichols v. Nichols, 907 So. 2d 620, 623 (Fla. 4th DCA 2005) (holding trial court has discretion to award interest on payments to be made by spouse to equalize the distribution of assets and liabilities). STEVENSON, C.J., STONE and POLEN, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. CD 03-2617 DRFC, 502003DR002617XXDIFC. Amy D. Shield of Amy D. Shield, P.A., Boca Raton, for appellant. Robert M.W. Shalhoub of the Law Offices of Robert M.W. Shalhoub, P.A., West Palm Beach, for appellee.

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