JENNIFER CARRION LACOSTE, WIFE, APPELLANT,
v.
STEPHEN SCOTT LACOSTE, HUSBAND, APPELLEE
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The appellate court affirmed the trial court's judgment, holding that the former wife failed to preserve her argument regarding the classification of the land and that the trial court did not abuse its discretion in distributing the land or setting child support.
[1] An appellate court will not consider an issue that was not presented to the lower court and preserved for review.
[2] A trial court may consider factors such as the duration of the marriage and contributions to marital assets when making an unequal distribution of property.
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Join FLexlaw to unlock all legal intelligenceDuring dissolution proceedings, the former wife argued the 159-acre tract of land, previously owned by the former husband, became a marital asset when…
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Jennifer Carrion LaCoste (“former wife”) raises three issues on appeal from a final judgment of dissolution of marriage. First, she contends the trial court erred by deeming the 159-acre tract of land owned by Stephen Scott LaCoste (“former husband”) prior to the marriage a marital asset and distributing 100 percent of it to him. Alternatively, she argues that if the land was a marital asset, the court should have distributed it equally. Finally, she asserts the court abused its discretion in setting the former husband’s child support obligation by failing to include certain annual distributions in the former husband’s income. We affirm.
The former wife argues the trial court erred as a matter of law in classifying the land as a marital asset subject to equitable distribution. She contends the former husband gave her one-half interest in the land by quitclaim deed from himself to the parties as husband and wife, and her one-half interest is her non-marital asset because the conveyance occurred after the date she filed the petition for dissolution.1 But during the proceedings below she argued just the opposite: that the land became a marital asset when the former husband conveyed it to the parties jointly. “ ‘In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.’ ” Quinnell v. Platt, 23 So.3d 746, 747 (Fla. 1st DCA 2009) (quoting Tillman v. State, 471 So.2d 32, 35 (Fla.1985)). It is clear from the record the former wife did not argue, either at trial or in a motion for rehearing,2 that her interest in the land is a non-marital asset. Consequently, she failed to preserve the asserted error for appellate review.3
Turning to the former wife’s remaining issues on appeal, the record reveals no abuse of the trial court’s discretion in distributing the land to the former husband and in determining child support. As to the land — which appears to be the only marital asset subject to equitable distribution — the court considered and made findings on each of the factors set forth in *406section 61.075(1), Florida Statutes (2006), which permits unequal distribution of marital assets. See generally Boutwell v. Adams, 920 So.2d 151, 153 (Fla. 1st DCA 2006) (trial court is required to make specific findings justifying disparity in asset distribution). While most factors were inapplicable, the court found that two factors justify awarding the former husband the land: the less-than-two-year duration of the marriage, see section 61.075(l)(c); and the fact that only the former husband contributed, through “sweat equity” and non-marital assets, to enhancing4 the land, see section 61.075(l)(g). Evidence in the record supports the court’s findings, and we cannot say, based on those findings, the court abused its discretion in distributing the land entirely to the former husband. See generally Wilson v. Wilson, 992 So.2d 395, 397 (Fla. 1st DCA 2008) (court’s distribution of marital assets reviewed for abuse of discretion).
In setting the former husband’s child support obligation, the trial court accepted both parties’ most current financial affidavits and relied on them to determine the monthly guidelines amount of $596.00. The court considered the former husband’s testimony and the deposition testimony of the former wife’s expert witness, a certified public accountant, about the accuracy of the income figure represented on the former husband’s affidavit. As it is entitled to do, the court resolved the evidentiary conflicts in the former husband’s favor and found the information in his affidavit accurate. We discern no abuse of discretion. See Shaw v. Nelson, 4 So.3d 740, 742 (Fla. 1st DCA 2009) (child support determination reviewed for abuse of discretion and adherence to statutory guidelines).
AFFIRMED.
VAN NORTWICK and THOMAS, JJ., concur.
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Kaynan Fitchner v. Lifesouth Cmty. Blood Ctrs., Inc., 88 So. 3d 269 (Fla. 1st DCA 2012)…rule which precludes the successful maintenance of totally inconsistent positions in the same litigation may also be implicated in this case. See Palm Beach Co. v. Palm Beach Estates, 110 Fla. 77, 89, 148 So. 544, 548-49 (1933); LaCoste v. LaCoste, 58 So. 3d 404, (Fla. 1st DCA 2011) ("The trial court agreed with the former wife that the land became a marital asset when the former husband conveyed it to the parties jointly. Thus estoppel principles would preclude the former wife seeking reversal of the judgm…
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Keyser v. Keyser, 204 So. 3d 159 (Fla. 1st DCA 2016)…ed factual determinations in light of the considerations set forth above. AFFIRMED, in part; REVERSED, in part; and REMANDED for further proceedings consistent with this opinion. MAKAR and-M.K, THOMAS, JJ., concur. .See, e.g., LaCoste v. LaCoste, 58 So. 3d 404, 405 (Fla. 1st DCA 2011) (holding that the former wife failed to preserve her asserted error for appellate review since it was clear from the record that the former wife did not argue the point "either at trial or in a motion for rehearing," and emp…
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Mohamad R. Samiian, M.D. v. Johnson, 302 So. 3d 966 (Fla. 1st DCA 2020)…or further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved. LaCoste v. LaCoste, 58 So. 3d 404, 405 (Fla. 1st DCA 2011); see also Cabrera v. Outdoor Empire Inc., 134 So. 3d 573, 576 (Fla. 1st DCA 2014) (“[T]o properly preserve an issue for appeal, a party must make a timely, contemporaneous objection.”). Because the argument raised on appeal…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tillman v. State, 471 So. 2d 32 (Fla. 1985)
- Shaw v. Nelson, 4 So. 3d 740 (Fla. 1st DCA 2009)
- Boutwell v. Adams, 920 So. 2d 151 (Fla. 1st DCA 2006)
- Hannah v. State, 4 So. 3d 740 (Fla. 5th DCA 2009)
- Wilson v. Wilson, 992 So. 2d 395 (Fla. 1st DCA 2008)
- Quinnell v. Platt, 23 So. 3d 746 (Fla. 1st DCA 2009)
- Clay v. State, 31 So. 3d 939 (Fla. 1st DCA 2010)
- Batie v. Batie, 31 So. 3d 939 (Fla. 1st DCA 2010)