THERESA M. CORTEZ, APPELLANT,
v.
REYNALDO A. CORTEZ, APPELLEE
Explore caselaw by topic → Browse Equitable Distribution Of Marital Assets cases and more on FLexlaw
GOSHORN, Judge.
Theresa Cortez appeals from the final judgment of dissolution of marriage, arguing on appeal that the trial court made an inequitable distribution of the marital assets. Because the final judgment contains no specific findings regarding the value of each significant asset and further fails to include a marital/non-marital designation for each asset, as required by section 61.075, Florida Statutes (1991), we are not able to review the fairness of the asset distribution. Accordingly, we reverse the final judgment, except as to the dissolution of the marital bond, and remand the case to the trial court to make the requisite findings. See Bussey v. Bussey, 611 So. 2d 1354 (Fla. 5th DCA 1993). Because of the disparity in the income of the parties and their relative earning ability, on remand, the trial court is directed to award the wife attorney’s fees. See Deakyne v. Deakyne, 460 So. 2d 582 (Fla. 5th DCA 1984).
REVERSED and REMANDED.
GRIFFIN and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Becker v. Becker, 639 So. 2d 1082 (Fla. 5th DCA 1994)…cur to this trial judge, which justify his ultimate determination in this ease. Let’s wait and see what he says. . See, e.g., Sevor v. Sevor, 627 So. 2d 609 (Fla.5th DCA 1993); Pearce v. Pearce, 626 So. 2d 294 (Fla. 5th DCA 1993); Cortez v. Cortez, 625 So. 2d 965 (Fla. 5th DCA 1993); Plyler v. Plyler, 622 So. 2d 573 (Fla. 5th DCA 1993); McMonagle v. McMo-nagle, 617 So. 2d 373 (Fla. 5th DCA 1993); Bussey v. Bussey, 611 So. 2d 1354 (Fla. 5th DCA 1993). . § 61.075, Fla.Stat. (1991).…
-
Tucker v. Greenberg, 674 So. 2d 807 (Fla. 5th DCA 1996)…y. We reverse that portion of the order denying fees and remand for consideration of an award pursuant to section 61.16, Florida Statutes. See Berki v. Berki, 636 So. 2d 532 (Fla. 5th DCA), review denied, 645 So. 2d 450 (Fla.1994); Cortez v. Cortez, 625 So. 2d 965 (Fla. 5th DCA 1993). In doing so, the lower court should consider all the factors pertinent to consideration of such an issue without reference to the attorney’s fee provision in the marital settlement agreement. AFFIRMED in part; REVERSED in part;…
-
Embry v. Embry, 650 So. 2d 190 (Fla. 2d DCA 1995)…made for either all or a portion of the marital home, nor did the court find enhancement in value of a nonmarital asset. The failure to so designate makes it impossible to review the fairness of the court’s one-sided distribution. Cortez v. Cortez, 625 So. 2d 965 (Fla. 5th DCA 1993); Nash v. Nash, 624 So. 2d 370 (Fla. 3d DCA 1993). Only that portion of the marital home designated as a marital asset, whether through [*192] enhancement or otherwise, can be equitably distributed. The trial court attempted to j…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Deakyne v. Deakyne, 460 So. 2d 582 (Fla. 5th DCA 1984)
- Bussey v. Bussey, 611 So. 2d 1354 (Fla. 5th DCA 1993)