JANET ROBINSON, APPELLANT,
v.
FRANK J. ROBINSON, III, APPELLEE

Fla. 5th DCA | 2012-04-27
No. 5D10-2645
MONACO and LAWSON, JJ., concur.
88 So. 3d 973 Florida District Court of Appeal, Fifth District (2012)

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Holding

The court held that a mathematical error in asset distribution must be corrected and the former wife is entitled to attorney's fees for litigating the former husband's violations of a stay order.


Facts & Procedural History

The former wife appealed a final judgment of dissolution of marriage. The former husband conceded a mathematical error in asset distribution and admit…

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Opinion of the Court
EVANDER, J.

EVANDER, J.

Janet Robinson appeals from a Second Final Judgment of Dissolution of Mar*974riage. We address two issues. First, as conceded by the former husband, a mathematical error resulted in the former husband receiving $67,840 more net assets than the former wife. On remand, the trial court shall correct this discrepancy.

Second, as again conceded by the former husband, he violated this court’s stay order.1 The stay order violations consisted of: (1) the former husband’s sale of certain real property to his sister, and (2) the former husband’s receipt of proceeds derived from the sale of real property by Prestige Construction and Development, LLC (an entity in which both parties had a legal interest). Although the former husband remedied much of the damages that might have otherwise resulted from his violations of the stay order, we conclude that the former wife is entitled to recover her reasonable attorney’s fees for the time expended, both at the trial and appellate court levels, in litigating the issues related to the former husband’s violations. On remand, the trial court shall determine such amount.

We affirm as to the other issues raised on appeal.

AFFIRMED, in part; REVERSED, in part; REMANDED.

MONACO and LAWSON, JJ., concur.


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