JOYCE B. DUBREUIL, APPELLANT,
v.
GEORGE W. DUBREUIL, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In a matrimonial dissolution case, the trial court failed to fully enforce a property settlement agreement incorporated into the final judgment. The appellate court reversed in part, requiring the ex-husband to comply with the hold-harmless provision for a bank loan, properly valuing the ex-wife's interest in property he converted to his sole name, and awarding her attorney's fees for enforcement efforts.
The trial court erred on all three issues. The husband must comply with the hold-harmless agreement, and the wife is entitled to $25,000 for that breach plus $20,000 representing her share of the converted property valued at the time of the Woodhall sale, with interest. The wife is also entitled to attorney's fees for services in trial court post-final judgment, in enforcing the agreement, and on appeal.
[1] A party to a property settlement agreement incorporated into a final judgment of dissolution is entitled to enforcement of the hold harmless provision regarding a loan.
[2] A party's interest in property converted by the other party should be valued at the time of conversion, not at a later date.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We find that the trial court erred in failing to require the appellee to comply with the agreement to hold appellant harmless as to the Southeast loan and in valuing her interest in the property (accepted as a credit) taken by the appellee, not at the time of the conversion, but at a later date when disposed of by the appellee.”
Establishes the core holdings regarding enforcement of the hold-harmless provision and proper valuation of converted property at time of conversion rather than later disposition.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuring a dissolution proceeding, the parties executed a property settlement agreement providing for equal division of jointly owned real property and …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Enforcement Of Property Settlement Agreement cases and more on FLexlaw
PER CURIAM.
During the pendency of a matrimonial dissolution proceeding, the parties entered into a property settlement agreement which provided, among other things, the following:
“C. Schedule 11(A): Real property and mortgage owned by both Husband and Wife, jointly, to be divided equally between Husband and Wife.
* * * * * *
9. Wife agrees to execute such documents and notes as are required to by SOUTHEAST FIRST NATIONAL BANK to complete a $75,000.00 loan to Husband. Husband agrees to hold Wife harmless as to such loan. The proceeds of this loan shall be disbursed as follows:
* * * * *
A part of the real property was a residence located in Polk County, Florida, known as the Woodhall Property.
Thereafter a final judgment of dissolution was duly entered. The property settlement agreement was incorporated into and made a part of the final judgment of dissolution. Subsequently, the appellant filed a motion to hold the appellee in contempt in order to require compliance with several provisions of the property settlement agreement, including the above set forth paragraphs. Following an evidentiary hearing, the trial court ordered the appellee to make certain payments as required by the agreement, but denied relief as related to the above quoted provisions. The appellant was not held harmless to the appellee on the loan from Southeast Bank to the extent of $25,-000.1 Further, at the time of the sale of the Woodhall property, the appellee received a parcel of real estate which was valued at $40,000 and credited on the Woodhall purchase price. The appellee unilaterally elected, upon the closing of this sale, to take this property in his individual name and thereafter treated the property as his own. The trial court recognized the appellant’s right to an interest in this prop erty, but awarded her only a one-half interest in the net value of equity in the property some thirty months after the closing. Notwithstanding that the former wife prevailed on her provision to enforce the agreement, the trial court denied her attorney’s fees because of the following provision of the property settlement agreement:
“15. Each party to this Contract shall bear their own attorney fees and costs, the Wife having informed the Husband she has paid her attorney and is not seeking reimbursement of such fees. ROBERT E. METZKER and Court costs will be paid from joint Ready Assets Trust of Paragraph 9(c).
We find that the trial court erred in failing to require the appellee to comply with the agreement to hold appellant harmless as to the Southeast loan and in valuing her interest in the property (accepted as a credit) taken by the appellee, not at the time of the conversion, but at a later date when disposed of by the appellee. Miller v. Miller, 149 Fla. 722, 7 So. 2d 9 (1942); Jaffee v. Jaffee, 394 So. 2d 443 (Fla. 3d DCA 1981); Benson v. Benson, 369 So. 2d 99 (Fla. 4th DCA 1979); Sedell v. Sedell, 100 So. 2d 639 (Fla. 1st DCA 1958).
We also find that the trial court erred in refusing to award the appellant attorney’s fees. Planes v. Planes, 477 So. 2d 42 (Fla. 3d DCA 1985); Barreiro v. Barreiro, 411 So. 2d 974 (Fla. 3d DCA 1982). Therefore we reverse the order under review, in part, with directions to award the appellant $25,000 for the hold harmless agreement and $20,000 as her share of the value of the property converted to the appellee at the time of the Wood-hall sale2 plus interest from the date of the closing of the sale of the Woodhall property. The trial court shall also award the appellant attorney’s fees for services in the trial court, post final judgment in enforcing the property settlement agreement, and for services in connection with this appeal, after an evidentiary hearing as to need and ability to pay.
Reversed and remanded with directions.
. This was accomplished by the appellee taking $25,000 of the proceeds from the Woodhall sale which belonged to the appellant, and applying it, in partial liquidation, to the Southeast loan.
. There has been some indication that the appel-lee has given, or paid to the appellant, since the dissolution proceeding, sums of money not required by the property settlement agreement. If this be so, upon appropriate proof, these two awards to the appellant should be reduced accordingly.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Meloan v. Coverdale, 525 So. 2d 935 (Fla. 3d DCA 1988)…ication or enforcement action brought or defended by the party seeking fees was meritorious or was litigated in good faith and whether the actions of one party compelled the other party to resort to the courts for a remedy. See Dubreuil v. Dubreuil, 489 So. 2d 97 (Fla. 3d DCA 1986) (former wife entitled to attorney’s fees for services rendered in enforcing postfinal judgment property settlement agreement); Planes v. Planes, All So. 2d 42 (Fla. 3d DCA 1985) (former wife entitled to award of attorney’s fees in…
-
Thornton v. Byrnes, 537 So. 2d 1088 (Fla. 3d DCA 1989)…ment action brought or defended by the party seeking fees was meritorious or was litigated in good faith and whether the actions of one party compelled the other party to resort to the courts for a remedy.” Id. at 937. See also Dubreuil v. Dubreuil, 489 So. 2d 97 (Fla. 3d DCA 1986); Planes v. Planes, 477 So. 2d 42 (Fla. 3d DCA 1985); Creel v. Creel, 423 So. 2d 419 (Fla. 3d DCA 1982); Broudy v. Broudy, 423 So. 2d 504 (Fla. 3d DCA 1982). There is little indication in the record that the master based his recomm…
-
Spano v. Spano, 698 So. 2d 324 (Fla. 4th DCA 1997)…4), involved post judgment proceedings to modify child custody, while our case involves property issues only. Krueger v. Krueger, 689 So. 2d 1277 (Fla. 2nd DCA 1997), involved a modification of child support. To the extent that Dubreuil v. Dubreuil, 489 So. 2d 97 (Fla. 3rd DCA 1986), and Planes v. Planes, 477 So. 2d 42 (Fla. 3rd DCA 1985), disclosed by our own research, involve post judgment attempts to modify only property distributions, we disagree with them and certify conflict.…
Authorities Cited
- Miller v. Miller, 149 Fla. 722 (Fla. 1942)
- Maxine Florence Sedell (now Maxine Sedell White) v. Sedell, 100 So. 2d 639 (Fla. 1st DCA 1958)
- Jaffee v. Jaffee, 394 So. 2d 443 (Fla. 3d DCA 1981)
- Benson v. Seymour Benson, 369 So. 2d 99 (Fla. 4th DCA 1979)
- Planes v. Marianthi Planes, 477 So. 2d 42 (Fla. 3d DCA 1985)
- Roscoe v. State, 411 So. 2d 974 (Fla. 3d DCA 1982)