GARY CROOKS, APPELLANT,
v.
DANIELLE A. CROOKS, APPELLEE
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The Fourth District reversed and remanded a dissolution of marriage judgment because the trial court failed to make required factual findings identifying and valuing three categories of property (jewelry, an IBM bank account, and a Wachovia account) as required by Florida Statutes section 61.075(3).
A trial court must make specific written findings identifying, valuing, and classifying marital and non-marital assets in a contested dissolution action, and failure to do so requires remand even when the former husband does not seek redistribution.
[1] A trial court in a contested dissolution of marriage action must make specific written findings identifying, valuing, and classifying all marital and non-marital assets a…
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Join FLexlaw to unlock all legal intelligence“These factual findings required by section 61.075(3) are necessary in order to facilitate effective appellate review of the trial court's property distribution scheme.”
The court cited Fulmer v. Fulmer to explain why the statutory findings requirement is essential.
In a dissolution of marriage, the former wife testified about jewelry, an IBM bank account, and a Wachovia account, but the trial court made no factua…
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PER CURIAM.
The former husband, Gary Ci'ooks, appeals the final judgment of dissolution of marriage. We write to address his contention that the trial court erred by failing to identify and give values to three categories of property. Florida Statutes section 61.075 provides that in any contested action where an agreement has not been reached, specific written findings must be made identifying, valuing, and distributing the marital and non-marital assets and liabilities. “These factual findings required by section 61.075(3) are necessary in order to facilitate effective appellate review of the trial court’s property distribution scheme.” Fulmer v. Fulmer, 961 So. 2d 1081, 1082 (Fla. 1st DCA 2007).
Although the former wife testified about jewelry, an IBM bank account, and an account at Wachovia, the trial court failed to make the requisite factual findings with regard to those items.
In light of the former husband’s statement on appeal that he does not seek to have the assets redistributed, we remand for the trial court to identify those assets and determine if they are marital or non-marital. To the extent that the items are found to be marital assets, the trial court should appraise their values, based on the instant record, and recalculate the equalization payment if the court determines that the current equalization payment is incorrect. We have considered the other issue raised by the former husband but find no error.
Reversed.
SHAHOOD, C.J., WARNER and STEVENSON, JJ., concur.
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Brennan v. Brennan, 122 So. 3d 923 (Fla. 4th DCA 2013)…ble Distribution of the Marital Home We reverse the trial court’s decisions regarding equitable distribution. A trial court is obligated to identify, value, and distribute the marital and non-marital assets and liabilities. Crooks v. Crooks, [*926] 967 So. 2d 969, 970 (Fla. 4th DCA 2007). The temporary use of the marital home was awarded to Former Wife “until the full implementation of the equitable distribution schedule”; however, without Exhibit “A” attached to the final order, no findings awarding the equ…
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Brussot v. Duval Brussot, 214 So. 3d 796 (Fla. 4th DCA 2017)…ee § 61.075(3), Fla. Stat. (2013), to make written findings determining whether the property is a marital asset and, if so, the court was required to make written findings valuing and equitably distributing the property. See, e.g., Crooks v. Crooks, 967 So. 2d 969, 970 (Fla. 4th DCA 2007). Because the court did not make the required findings, we reverse the portions of the court’s order relating to the Lake Worth residence, and remand for written findings regarding that property. We have considered and affi…
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Garrison v. Catheline Garrison, 255 So. 3d 877 (Fla. 4th DCA 2018)
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
- Fulmer v. Hobson Fulmer, 961 So. 2d 1081 (Fla. 1st DCA 2007)