ARNOLD RAY SAXTON, APPELLANT,
v.
ELIZABETH J. SAXTON, APPELLEE

Fla. 4th DCA | 1984-05-09
No. 82-2128
LETTS and HURLEY, JJ., and VO-CEELE, L.B., Associate Judge, concur.
454 So. 2d 575 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 14 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal stems from a final judgment of dissolution in which the trial court attempted to equitably distribute the parties’ property. The major point on appeal involves the valuation of a piece of property in North Carolina. The final judgment specified a dollar figure and indicated that the valuation was derived from the husband’s testimony. The record of his testimony, however, fails to support the court’s finding. In an effort to clarify this issue, we remanded the cause to the trial court to determine whether its finding was derived from the totality of the evidence or solely from the husband’s testimony. The trial court’s responding order, entered with commendable candor, confirms the presence of irremediable confusion on this point. Since the valuation on the North Carolina property is integral to the court’s entire plan of distribution, we believe that the interests of justice compel reversal of all aspects of the final judgment save the dissolution. Accordingly, the cause is remanded for retrial with the strong recommendation that the parties assist the trial court by providing expert testimony on the valuation of the various parcels of real property.

REVERSED AND REMANDED.

LETTS and HURLEY, JJ., and VO-CEELE, L.B., Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dyson v. Dyson, 597 So. 2d 320 (Fla. 1st DCA 1992)
    …cognized that “[wjhen property valuation is an integral part of the court’s entire plan of distribution, confusion as to value requires reversal of the property award.” Ross v. Bandi, 566 So. 2d 55, 56 (Fla. 4th DCA 1990). See also Saxton v. Saxton, 454 So. 2d 575 (Fla. 4th DCA 1984). In this case, the parties had not made a valid separation agreement pri- or to filing this action and did not file any agreement as to a valuation date; thus, the circuit court was required to make a determination pursuant to th…
  • Wendroff v. Wendroff, 614 So. 2d 590 (Fla. 1st DCA 1993)
    …be noted that “[w]hen property valuation is an integral part of the court’s entire plan of distribution, confusion as to value requires reversal of the property award.” Ross v. Bandi, 566 So. 2d 55, 56 (Fla. 4th DCA 1990). See also Saxton v. Saxton, 454 So. 2d 575 (Fla. 4th DCA 1984). The record in this case does not indicate that the parties had entered into a valid separation agreement, and the final judgment does not contain any statement that the trial court used a valuation date other than the date on w…
  • Elliott Ross v. Bandi, 566 So. 2d 55 (Fla. 4th DCA 1990)
    …29 So. 2d 414 (Fla. 4th DCA), pet. for review denied, 438 So. 2d 833 (Fla.1983). When property valuation is an integral part of the court’s entire plan of distribution, confusion as to value requires reversal of the property award. Saxton v. Saxton, 454 So. 2d 575 (Fla. 4th DCA 1984). The record reflects that appellant’s expert accountant could not determine the corporation’s value because the books that she needed to make this valuation were not made available to her. Appellee presented [*57] no expert test…

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw