DONALD JOSEPH ROGOZINSKI, APPELLANT,
v.
DORIS LEE ROGOZINSKI, APPELLEE

Fla. 1st DCA | 1999-09-28
No. 98-4788
Booth, J., Benton, J., Smith, Larry G., Senior Judge
742 So. 2d 487 Florida District Court of Appeal, First District (1999)

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Synopsis

Florida appellate court affirmed the trial court's distribution of marital assets but reversed and remanded due to the trial court's failure to make specific findings of fact identifying and allocating marital and non-marital liabilities as required by statute.


Holding

A trial court must make specific findings of fact identifying marital and non-marital liabilities and designating which spouse is responsible for each, as required by section 61.075(3).


Headnotes

[1] A trial court's failure to make specific findings of fact identifying marital and non-marital liabilities and designating responsibility for each liability, as required b…

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Facts & Procedural History

Following dissolution of marriage, the former husband appealed the trial court's distribution of marital assets, including an alarm monitoring busines…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Following dissolution of marriage, Former Husband appeals the trial court’s distribution of marital assets, raising six issues on appeal. We affirm the three issues concerning the trial court’s equitable distribution of assets of Former Husband’s alarm monitoring business, and we affirm the trial court’s equitable distribution of personal property and contents of a garage workshop without further discussion. Likewise, we affirm the trial court’s equitable distribution of the value of the garage workshop.

We find error, however, in the trial court’s failure to make specific findings of fact identifying marital and non-marital liabilities, as required by section 61.075(3). Failure to make these specific findings requires remand to the trial court for specific findings of marital and non-marital liabilities and designating which spouse shall be responsible for each liability, in accordance with section 61.075(3). Prom v. Prom, 589 So. 2d 1363 (Fla. 1st DCA 1991); Lawrence v. Lawrence, 709 So. 2d 192 (Fla. 3d DCA 1998).

We therefore remand the entire case to the trial court to make such revisions to the equitable distribution as may be necessary upon designating marital and non-marital liabilities between the parties.

BOOTH and BENTON, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.


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