ARNOLD PAU, JR., APPELLANT,
v.
YVETTE PAU, 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.
The court held that the former husband's motions for contribution or setoff for expenses incurred before the financial issues order were properly denied, and the denial of a stay of sale was moot.
[1] A party seeking contribution or setoff for expenses incurred prior to a final order regarding financial issues must raise the issue before the entry of that order.
[2] A trial court's order regarding financial issues in a dissolution of marriage may define a party's interest as a specific proportion of equity in property, requiring paym…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceFollowing a dissolution of marriage, the trial court entered an order regarding financial issues that outlined how joint properties would be handled. …
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 Setoff cases and more on FLexlaw
THREADGILL, Judge.
The former husband files this interlocutory appeal, claiming error in the denial of his motions for contribution or setoff and for stay of the sale of joint property. We affirm the order of the trial court.
In this bifurcated dissolution, the court entered an order dissolving the marriage of the parties on June 15, 1987. Thereafter, on July 14, 1987, the court entered its Order Regarding Financial Issues containing the following provisions pertinent to this appeal:
2. As to the joint Carrollwood property, the Husband may pay to the Wife within one (1) year the sum equivalent to one-half the equity in the property or, if he decides not to buy out her interest in this manner, the property shall be placed for private sale and sold at a price to be agreed upon by the parties or to be determined by the Court within one year from the date of this final judgment.
3. As to the joint Grove property, the Husband shall have the right to pay to the Wife an amount equivalent to 32.82 percent of the current equity in the Grove property within one (1) year of the date of this final judgment. If he decides not to exercise this buy out option, the property shall be placed for private sale and sold at a price to be agreed upon by the parties or to be set by the Court, and said sale shall be consummated within one (1) year from the date of this final judgment.
This order was affirmed by this court without opinion. Pau v. Pau, 535 So. 2d 274 (Fla. 2d DCA 1988).
During the pendency of the first appeal, the husband filed the motions which are the subject of this appeal. The first motion for contribution or setoff, filed April 5, 1988, sought contribution from the former wife for mortgage payments, taxes, insurance and homeowners’ association dues the husband paid on the Carrollwood property since October, 1984.
The second motion for contribution or setoff filed at the same time, sought contribution for mortgage payments, taxes, insurance and maintenance paid by the husband on the grove property since October, 1984. In addition, the husband moved to stay the sale of the properties pending disposition of the first appeal. The trial court denied the motions and this timely appeal ensued.
The husband’s motion for contribution or setoff for monies expended before the entry of the order regarding financial issues was properly denied because the issue should have been raised before entry of the order. See Harrell v. Harrell, 515 So. 2d 1302 (Fla. 3d DCA 1987) and Davis v. Dieujuste, 496 So. 2d 806 (Fla.1986). Further, other than argument of counsel, the record reflects no evidence of the husband’s contributions since the date of the order. Lest the requests for contribution become a continuing concern, we now consider the trial court’s order regarding financial issues, finding proper interpretation thereof to be dispositive.
The husband argues that upon dissolution of marriage the parties became tenants in common with mutual obligations to pay the charges on the properties held in common. He also asserts that any tenant who pays such charges has a right to recover from the other tenant proportionate to the other tenant’s interest. Mintz v. Ellison, 233 So. 2d 156 (Fla. 3d DCA 1970). We agree with these statements as a general proposition of law but do not believe they are controlling under the facts in this case.
We interpret the court’s order to find not that the parties were to remain as tenants in common, but that the husband was to pay the wife her proportionate interest in the properties as part of the overall equitable distribution. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). Pri-or to the dissolution, the husband had routinely been responsible for all of the contested expenses, and had the court intended the parties to share the expenses of the properties pending sale, it could have so specified. The order regarding financial issues defines the wife’s interest as a specific proportion of the equity in the property as of the date of the order and commands the husband to pay her that equity within one year. Should the husband not have the resources to do so, the order allows him to sell the property within one year. We think it pertinent to the issue of contribution to note that had the husband exercised either alternative immediately following the order, he would have no claim for contribution or setoff. The wife should not be penalized, nor the husband enriched, by delays within the husband’s discretion. We therefore affirm the denial of the motions for contribution or setoff.
The husband’s second point on appeal, that the court erred in denying a stay of the sale of the property, is moot because the order requiring sale was affirmed on appeal.
The order appealed from is affirmed.
SCHEB, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fullerton v. Fullerton, 709 So. 2d 162 (Fla. 5th DCA 1998)…le. Upon dissolution, the former husband and former wife become tenants in common with mutual obligations to pay charges on the property held in common. Lawlor v. Lawlor, 591 So. 2d 330 (Fla. 5th DCA 1992) (Sharp, J., dissenting) (citing Pau v. Pau, 537 So. 2d 639 (Fla. 2d DCA 1988)). Florida law is clear that a cotenant who makes payments for expenses on property in excess of his share has a right of reimbursement from the other cotenant. Id., (citing Kelly v. Kelly, 583 So. 2d 667 (Fla.1991); Heldmyer v. He…
-
State v. Anders, 596 So. 2d 463 (Fla. 4th DCA 1992)…ndependent witness can verify, and, finally, to determine the potential mandatory prison term and fine the Defendant will face by selecting the amount of drugs to be sold. Due process is offended on these facts. See also, State v. Evans, 14 FLW 140 [537 So. 2d 639] (2nd DCA January 13, 1989). Therefore, it is ORDERED AND ADJUDGED: That the Motion to Dismiss on the basis of a due process violation filed by RICHARD ANDERS and WILLIAM HOOD is hereby GRANTED. Livermore: Fair Statement. Q: And you fished for a…
-
State v. Deona Embry, 563 So. 2d 147 (Fla. 2d DCA 1990)…EREBY A CONVICTED DRUG TRAFFICKER WILL RECEIVE A SUBSTANTIALLY REDUCED SENTENCE IN EXCHANGE FOR SETTING UP NEW DRUG DEALS AND TESTIFYING FOR THE STATE VIOLATE THE HOLDING IN STATE V. GLOSSON? Hunter, 531 So. 2d at 243. This court in State v. Evans, 537 So. 2d 639 (Fla. 2d DCA 1988), followed Hunter and certified to the Florida Supreme Court the same questions that the Hunter court certified.1 In both Hunter and this case, a convicted cocaine trafficker entered into a substantial assistance agreement in orde…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Davis v. Rosman Charles Dieujuste, 496 So. 2d 806 (Fla. 1986)
- Mintz v. Ellison, 233 So. 2d 156 (Fla. 3d DCA 1970)
- Cyrilla Ann Harrell v. Harrell, 515 So. 2d 1302 (Fla. 3d DCA 1987)