LOUIS STANLEY ORLOFF, APPELLANT,
v.
JOYCE LYNN ORLOFF, APPELLEE

Fla. 2d DCA | 2011-04-08
No. 2D09-5513
DAVIS and WALLACE, JJ., Concur.
57 So. 3d 997 Florida District Court of Appeal, Second District (2011) Positive Treatment
Cited by 3 cases
Topics
Equitable Distribution Contempt Of Court

Explore caselaw by topic → Browse Equitable Distribution cases and more on FLexlaw

Opinion of the Court
CASANUEVA, Chief Judge.

CASANUEVA, Chief Judge.

Louis Stanley Orloff appeals the trial court’s order finding him in contempt and awarding a monetary judgment in the amount of $76,249.60 to his former wife, Joyce Lynn Orloff, for his failure to transfer certain assets that were awarded to her as equitable distribution. Based upon the pleadings, the record, and the representations of the parties at oral argument, we reverse the finding of contempt. The facts proven by Ms. Orloff did not amount to contemptuous conduct. We must also revei'se the monetary judgment because it is based upon the equitable distribution scheme which we have reversed in the related appeal of the final judgment of dissolution. See Orloff v. Orloff — So.3d -, 2011 WL 1136434 (Fla. 2d DCA 2011).

Reversed and remanded.

DAVIS and WALLACE, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Williams v. Gaffin Indus. Servs., Inc., 88 So. 3d 1027 (Fla. 2d DCA 2012)
    …ctrine of election of remedies barred her claim against Gaffin. Because Williams was correct on both points, the trial court erred in dismissing her complaint. We review de novo a trial court’s dismissal of a complaint. Peak v. Outward Bound, Inc., 57 So. 3d 997, 998 (Fla. 2d DCA 2011). “Election of remedies is an affirmative defense that is not properly raised by means of a motion to dismiss where the affirmative defense does not appear on the face of the [complaint].” Vause v. Bay Med. Ctr., 687 So. 2d 25…
  • Dept. of Children and Families v. Feliciano, 259 So. 3d 957 (Fla. 3d DCA 2018)
  • Paylan v. Dirks, 228 So. 3d 679 (Fla. 2d DCA 2017)
    …of sovereign immunity, see § 768.28(9)(a), Fla. Stat. (2010), and the face of her complaint does not. otherwise conclusively establish that the ASAs are entitled either to sovereign immunity or to qualified immunity. See Peak v. Outward Bound, Inc., 57 So. 3d 997, 999 (Fla. 2d DCA 2011) (“Sovereign immunity generally is an affirmative defense that may justify granting a motion to dismiss only when the complaint itself conclusively establishes its applicability.” (quoting Sierra v. Associated Marine Insts., I…

Full citator, related cases, and AI research tools

Open in FLexlaw