DUKENE MYRTIL, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (25 total)

• Aguirre v. Aguirre, 985 So. 2d 1203 (Fla. 4th DCA 2008)
  …this without a transcript as we do not know whether any evidence of valuation was introduced. A trial judge has no duty under section 61.075 to make findings of value if the parties have not presented any evidence on that issue. Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008). Our decision in Whelan v. Whelan, 736 So. 2d 732, 733 (Fla. 4th DCA 1999), is distinguishable. There the court divided three assets, the marital home and two vehicles, by awarding the wife the husband’s share of the marita…
• Williams v. Williams, 152 So. 3d 702 (Fla. 1st DCA 2014)
  …r, where an error by the court appears for the first time on the face of a final order, a party must alert the court of the error via a motion for rehearing or some other appropriate motion in order to preserve it for appeal. See Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008); Owens v. Owens, 973 So. 2d 1169, 1170 (Fla. 1st DCA 2007). Here, the Former Husband filed a notice of appeal the day after the trial court rendered the contempt order. The record reflects the Former Husband did file a post…
• Schroll v. Schroll, 227 So. 3d 232 (Fla. 1st DCA 2017)
  …o the court for failing to take into account the fair market value of the Stork-land business in constructing the equitable distribution scheme when neither party squarely presented evidence regarding that issue to the court. See Simmons v. Simmons, 979 So. 2d 1063, 1066 (Fla. 1st DCA 2008) (Benton, J., dissenting) (“I agree with the majority opinion that a party who adduces no proof as to the value of property should not be heard on appeal to complain about the final judgment’s failure to pluck a.value out of…

Authorities Cited

• Ventura v. State, 973 So. 2d 634 (Fla. 3d DCA 2008)