MATTHEW G. DAWSON, APPELLANT,
v.
JANE M. DAWSON, APPELLEE

Fla. 1st DCA | 2010-04-26
No. 1D09-3709
Wolf, J., Lewis, J., Marstiller, J.
33 So. 3d 809 Florida District Court of Appeal, First District (2010)

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Synopsis

Florida appellate court reversed a contempt order against a husband for failing to execute a quit claim deed, holding that a final judgment awarding the marital home to the wife effectively conveyed his interest without requiring execution of a separate deed.


Holding

A final judgment awarding real property in a divorce equitable distribution scheme effectively conveys the obligor's interest without requiring execution of a quit claim deed, and contempt cannot be imposed for failure to execute a deed not expressly ordered.


Headnotes

[1] A final judgment in a divorce equitable distribution awarding real property to one spouse effectively conveys that spouse's interest without requiring execution of a sepa…

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Key Quotes

“the Final Judgment effectively conveyed Mr. Dawson's interest in the marital home to his former wife and did not direct him to execute a quit claim deed”

Court's explanation for reversal of contempt order

Facts & Procedural History

In a divorce proceeding, the trial court awarded the marital home to Jane M. Dawson as part of equitable distribution. Matthew G. Dawson refused to ex…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Matthew G. Dawson appeals an order holding him in contempt for disobeying the Final Judgment of Dissolution awarding the marital home to Jane M. Dawson as part of the equitable distribution scheme. The trial court found Mr. Dawson “knowingly and willfully in contempt of’ the Final Judgment for failing to execute a quit claim deed releasing his interest in the marital home. The court appointed a special master to execute the deed and ordered Mr. Dawson to pay his former wife’s attorney’s fees and costs incurred in the enforcement action. We reverse the order because the Final Judgment effectively conveyed Mr. Dawson’s interest in the marital home to his former wife and did not direct him to execute a quit claim deed. See § 61.075(4), Fla. Stat. (2008); Fla. R. Civ. P. 1.570(d). See also Gilman v. Altman, 300 So.2d 703, 706 (Fla. 3d DCA 1974) (reversing contempt order where judgment ordering specific performance of contract to sell real property did not direct the execution of a quit claim deed).1

REVERSED.

WOLF, LEWIS, and MARSTILLER, JJ., concur.


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