ESTATE OF CLYDE L. HARRIGER, APPELLANT,
v.
ALICE JEAN ROGERS HARRIGER, APPELLEE
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The estate of the former husband appeals a dissolution judgment, and the appellate court affirms the trial court's treatment of two Bank of America accounts as nonmarital property but reverses and remands for factual findings regarding six Wells Fargo accounts.
A trial court must make written factual findings classifying bank accounts as marital or nonmarital property in a dissolution judgment.
[1] A trial court's failure to make adequate factual findings regarding the classification of bank accounts as marital or nonmarital property in a dissolution judgment is rev…
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Join FLexlaw to unlock all legal intelligenceIn a dissolution of marriage between Clyde L. Harriger and Alice Jean Rogers Harriger, the trial court classified two Bank of America accounts as nonm…
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The estate of Clyde L. Harriger (“Former Husband”) appeals the Final Judgment of Dissolution of Marriage regarding Former Husband and Alice Jean Rogers Harriger (“Former Wife”). Former Husband raises three issues on appeal, contending that the trial court erred in: 1) considering the subject of nonmarital property despite Former Wife’s failure to raise it in her pleadings; 2) determining that Former Wife possessed nonmarital property and categorizing two Bank of America accounts as nonmarital; and 3) failing to make factual findings regarding six Wells Fargo accounts. We affirm as to the first two issues without further discussion.
As to the third issue, we reverse and remand for the trial court to make factual findings regarding the Wells Fargo bank accounts. See Winney v. Winney, 979 So.2d 396, 400 (Fla. 1st DCA 2008) (“A trial court’s failure to make adequate factual findings in a final judgment of dissolution of marriage is typically reversible error because, in most circumstances, this failure precludes meaningful appellate review.”). Specifically, the trial court is directed on remand to make written findings stating whether these accounts are marital or non-marital property.
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, TORPY and BERGER, JJ., concur.