JOSEPH W. PIERRE, APPELLANT,
v.
MARIE C. PIERRE, APPELLEE

Fla. 4th DCA | 2016-02-24
No. 4D14-1651
WARNER, LEVINE and CONNER, JJ., concur.
185 So. 3d 1264 Florida District Court of Appeal, Fourth District (2016) Positive Treatment
Cited by 9 cases

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Synopsis

In this dissolution of marriage appeal, Joseph Pierre challenges multiple aspects of the trial court's final judgment, including a default entry, the general magistrate's impartiality, judgments on unraised issues, and the time-sharing plan. The Fourth District Court of Appeal affirmed most of the husband's claims but reversed and remanded regarding the trial court's failure to make specific written findings of fact regarding the valuation of marital assets and liabilities as required by Florida Statute § 61.075(3).


Holding

The court affirmed the trial court on issues (1), (2), (3), and (5) without discussion. The court reversed and remanded on issue (4), holding that the trial court erred in failing to make specific written findings of fact regarding the valuation of marital assets and liabilities as required by Florida Statute § 61.075(3), which mandates that distributions be supported by factual findings and specific written identification of marital assets with individual valuations.


Headnotes

[1] A trial court abuses its discretion in equitable distribution when its judicial action is arbitrary, fanciful, or unreasonable.

[2] A judgment distributing marital assets and liabilities must be supported by specific written findings of fact regarding the valuation of significant assets.

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Key Quotes

“any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1).”

Establishes the statutory requirement under § 61.075(3), Florida Statutes, for distributions to be supported by factual findings

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Facts & Procedural History

Marie Pierre filed for dissolution of marriage seeking shared custody of the couple's ten-year-old son and equitable distribution of marital assets an…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Joseph Pierre (“the husband”) appeals the trial court’s final judgment of dissolution of marriage. He argues that (1) the trial court erred in entering a default against him and striking his pleadings; (2) the general magistrate failed to demonstrate impartiality by prompting the, wife to alter her request for imputed income to the husband; (3) the trial court .erred in entering judgment on issues not raised in the pleadings; (4) the trial court erred in failing to make findings regarding the value of the couple’s assets and liabilities; and (5) the trial court’s time sharing plan was not supported by competent substantial evidence. We affirm on issues (1), (2), (3) and (5), without discussion, and reverse as to issue (4) regarding equitable distribution.

Marie Pierre (“the wife”) initiated the proceedings below with a petition for dissolution of marriage. In the petition, the wife sought shared parental custody of the couple’s ten-year-old son and requested that the court establish a parenting plan. The wife also requested that the court determine the distribution of the couple’s marital assets and liabilities under section 61.075, Florida Statutes.

After the husband continually failed to comply with multiple requests for production and orders to submit mandatory disclosures and responses to interrogatories, the trial court struck the husband’s pleadings and entered a default against him.

A final healing was held before a general magistrate. The husband failed to appear and the wife was the only witness to testify. She testified as to the value of some of the marital assets and debts, and as to how the marital assets and debts should be equitably divided.

*1265In regards to equitable distribution, the general magistrate awarded the wife a vehicle and the husband’s interest in the marital residence. Each party was permitted to retain their own retirement savings. As for debts, the general magistrate concluded that each party would be responsible for his or her own credit card debt, as requested by the wife. The trial court entered its final judgment of dissolution of marriage ratifying and approving the general magistrate’s report. This appeal follows.

The standard of review for the distribution of marital assets and liabilities and an award of alimony is abuse of discretion. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). A trial court abuses its discretion when its “judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where: no reasonable [person] would take the view adopted by the trial court.” Id. at 1203 (quoting Delno v. Mkt. St. Ry. Co., 124 F.2d 965, 967 (9th Cir.1942)).

The husband argues on appeal that the trial court erred in failing to make specific written findings in its order regarding the value of the assets and liabilities it distributed, including the marital home, the vehicle, and the wife’s retirement plan. Section 61.075(3), Florida Statutes, requires that “any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1).” § 61.075(3), Fla. Stat.' (2014). Additionally, “[t]he distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the .. -. (b) [[Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset.” Id. (emphasis added). Without the appropriate findings,.we-are unable to determine whether a reasonable person could- conclude that the trial court’s disposition of assets and liabilities was- not arbitrary, fanciful, or unreasonable. Because the trial court failed to make specific written findings regarding the-valuation of the assets and liabilities it distributed, we reverse and remand for the trial court to make such required written findings.

Reversed and remanded.

WARNER, LEVINE and CONNER, JJ., concur.


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Citator

Cited By

  • Callwood v. Toleatha Callwood, 221 So. 3d 1198 (Fla. 4th DCA 2017)
    …he wife without making the findings of fact required by section 61.075, Florida Statutes (2016). We agree. The standard of review for a trial court’s equitable distribution of marital assets and liabilities is abuse of discretion. Pierre v. Pierre, 185 So. 3d 1264, 1265 (Fla. 4th DCA 2016). However, a trial court’s failure to consider mandatory statutory factors is error as a matter of law. Ondrejack v. Ondrejack, 839 So. 2d 867, 870 (Fla. 4th DCA 2003). Section 61.075(1), Florida Statutes, “lists ten separa…
  • Magana v. Flormaria Roque MacHado, 389 So. 3d 624 (Fla. 3d DCA 2025)
    …nd no abuse of discretion in the trial court’s determinations. Viscito v. Viscito, 214 So. 3d 736, 737-39 (Fla. 3d DCA 2017) (reviewing trial court’s determination of equitable distribution and alimony for an abuse of discretion); Pierre v. Pierre, 185 So. 3d 1264, 1265 (noting the standard of review for the distribution of marital assets and liabilities and an award of alimony is abuse of discretion). Affirmed.…
  • Kincaid v. Kincaid, 397 So. 3d 1169 (Fla. 5th DCA 2024)

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