SANTOSH HOLMES, APPELLANT,
v.
DWIGHT HOLMES, APPELLEE
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PER CURIAM.
Santosh Holmes, the former wife, challenges a final judgment of dissolution. Because on appeal appellant has presented no transcript or statement of the evidence introduced to the court below, we would ordinarily find no basis for disturbing the final judgment which is deemed presumptively correct. Starks v. Starks, 423 So. 2d 452 (Fla. 1st DCA 1983). The judgment, however, is internally inconsistent. In the judgment the trial court awards certain real property in Nepal to the former wife, but refers to this award both as lump sum alimony and as an asset for equitable distribution. We therefore remand the cause to the trial court for entry of an order or amended judgment clarifying the nature of this real property award. In clarifying this matter, the lower court has the authority to revisit the entire dissolution order, including, if appropriate, electing to retain jurisdiction, so as to fashion an order which is both internally consistent and equitable as to both parties. See, Cloud v. Cloud, 586 So. 2d 492 (Fla. 1st DCA 1991).
AFFIRMED and REMANDED for clarification.
BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Woellmer v. Woellmer, 935 So. 2d 610 (Fla. 4th DCA 2006)…cted in Exhibit C to the final judgment, the court awarded the tractor and generator to the husband, valuing those items at $2,500. We reverse these aspects of the final judgment and remand to the trial court for clarification. See Holmes v. Holmes, 676 So. 2d 506 (Fla. 1st DCA 1996). Affirmed in part, reversed in part, and remanded. WARNER, KLEIN and GROSS, JJ., concur.…
Authorities Cited
- Starks v. Starks, 423 So. 2d 452 (Fla. 1st DCA 1982)
- Cloud v. Cloud, 586 So. 2d 492 (Fla. 1st DCA 1991)