VERA HELDRETH FITZPATRICK, APPELLANT,
v.
MICHAEL LEO FITZPATRICK, APPELLEE
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In a dissolution of marriage appeal and cross-appeal, the Florida First District Court of Appeal reversed and remanded the final judgment because the trial court's findings in the final judgment were inconsistent with findings made at an evidentiary hearing held 5.5 months earlier, suggesting the court may have failed to recall the evidence.
The court reversed and remanded the final judgment because inconsistencies in the judgment regarding asset valuations suggest the trial court overlooked or failed to recall evidence presented at the hearing, and the 5.5-month delay between the hearing and judgment entry was harmful in light of the identified inconsistencies. The court did not hold that such a delay is per se error but found it was harmful under these circumstances.
[1] A final judgment of dissolution may be reversed if it is inconsistent with findings made at the conclusion of an evidentiary hearing.
[2] A significant delay between an evidentiary hearing and the entry of a final judgment, when coupled with inconsistencies in the judgment, can be harmful error.
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 intelligence“certain findings contained in the final judgment regarding valuation, such as the value of the marital home and the value of the former husband's civil service pension, suggest the lower court had overlooked or failed to recall findings earlier made”
Establishes the court's primary basis for reversal—that inconsistencies in valuations indicate the trial court failed to recall evidence from the hearing
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Join FLexlaw to unlock all legal intelligenceVera and Michael Fitzpatrick were in a dissolution of marriage case. An evidentiary hearing was held, after which the trial court waited approximately…
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PER CURIAM.
In this appeal and cross-appeal of a final judgment of dissolution, Vera Heldreth Fitzpatrick, the former wife, argues that the lower court abused its discretion in entering a final judgment which was inconsistent with certain findings made at the conclusion of an evidentiary hearing held approximately five and a half months before the final judgment was entered. The appellee, Michael Leo Fitzpatrick, the former husband also seeks reversal of the final judgment arguing the lower court erred in its valuation of the retirement plan as stated, in the final judgment and in awarding attorney’s fees to the former wife. We reverse.
In McKenzie v. McKenzie, 672 So. 2d 48 (Fla. 1st DCA 1996), this court noted that certain inconsistencies in the final judgment suggested that the trial court may not have recalled the evidence at the final hearing. Similarly, in the instant ease, certain findings contained in the final judgment regarding valuation, such as the value of the marital home and the value of the former husband’s civil service pension, suggest the lower court had overlooked or failed to recall findings earlier made. Further, while we do not hold that a five and a half month delay between a final hearing and entry of final judgment is per se error, we do find in the instant ease that the delay was harmful in light of the inconsistencies identified by both the former husband and the former wife in the instant appeal. Compare, Polizzi v. Polizzi, 600 So. 2d 490 (Fla. 5th DCA 1992)(delay of 3 1/2 months between the hearing and judgment in dissolution case required a new hearing). We therefore reverse and remand for further consideration of the hearing transcript by the lower court. A second evidentiary hearing is not required unless the lower court deems it necessary.
REVERSED and REMANDED for further proceedings.
BOOTH, BENTON and VAN NORTWICK, JJ., concur.
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Citator
Cited By
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Rowl v. Rowl, 864 So. 2d 1236 (Fla. 5th DCA 2004)…l is warranted when the judgment contains deficiencies or inconsistencies. See Walker v. Walker, 719 So. 2d 977 (Fla. 5th DCA 1998); see also Florida Air Academy, Inc. v. McKinley, 688 So. 2d 359, 360 (Fla. 5th DCA 1997); Fitzpatrick v. Fitzpatrick, 678 So. 2d 8 (Fla. 1st DCA 1996). In the instant case, although the judgment was delayed by nine and a half months, the for [*1238] mer husband has failed to show that the judgment contained inconsistencies or deficiencies that would warrant a reversal. Next, al…
Authorities Cited
- Polizzi v. Polizzi, 600 So. 2d 490 (Fla. 5th DCA 1992)
- McKENZIE v. McKENZIE, 672 So. 2d 48 (Fla. 1st DCA 1996)