ESAW

v.

ESAW

Citator

Cited By

• Mobley v. Mobley, 18 So. 3d 724 (Fla. 2d DCA 2009)
  …ord contains no transcript, the mere failure to make the required statutory findings under section 61.075 does not require reversal when there is no showing of harmful error. See Esaw v. Esaw, 965 So. 2d 1261, 1265 (Fla. 2d DCA 2007), review denied, 981 So. 2d 1199 (Fla.2008). Here, however, the trial court stated improper reasoning in the final judgment for the offset, which amounted to an inequitable distribution, and also failed to address the statutory factors. The trial court stated its justification for…
• Shep Harris, Jr. v. Zenoria T. McKINNEY, 20 So. 3d 400 (Fla. 2d DCA 2009)
  …DCA 2007) (affirming equitable distribution of marital assets and alimony award despite lack of statutorily required findings because absence of transcript or appropriate substitute prevented wife from demonstrating reversible error), review denied, 981 So. 2d 1199 (Fla.2008). As explained in Esaw, in those instances, the real obstacle to review is the absence of the transcript rather than the absence of the findings. The court noted that section 59.041, Florida Statutes, provides “that ‘[n]o judgment shall b…
• Nevitt v. Bonomo, 53 So. 3d 1078 (Fla. 1st DCA 2010)
  …ive evaluation of whether the marriage is ‘intact.’ ”); but cf. Lohman v. Carnahan, 963 So. 2d 985, 988 (Fla. 4th DCA 2007) (characterizing this language in Lander as dicta and stating that “[a] marriage is either intact or it is not”), rev. denied, 981 So. 2d 1199 (Fla.2008). Here, the amended complaint alleged that Mr. Nevitt is the biological father of Ms. Bonomo’s child; that the child was conceived while Ms. Bonomo was married to, but separated from, Mr. Bonomo; that Mr. Nevitt manifested a substantial c…