CATHERINE D. DAVID, APPELLANT,
v.
MICHAEL S. DAVID, SR., APPELLEE

Fla. 1st DCA | 2017-06-27
No. CASE NO. 1D16-1578
OSTERHAUS, JAY, and WINSOR, JJ„ CONCUR.
220 So. 3d 1284 Florida District Court of Appeal, First District (2017)

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Synopsis

In this family law appeal, the First District Court of Appeal affirmed the trial court's denial of the marital home as lump sum alimony and attorney's fee reimbursement, but reversed and remanded the denial of permanent alimony and the imputation of income to the former wife due to insufficient factual findings required by Florida Statute § 61.08.


Holding

The court affirmed the denial of the marital home as lump sum alimony and the denial of attorney's fee reimbursement. However, the court reversed the denial of permanent alimony and the imputation of income determination because the trial court failed to make the factual findings required by Florida Statute § 61.08(2)(a)-(j) and failed to make particularized findings supporting the income imputation decision.


Headnotes

[1] A trial court's failure to make required factual findings when denying permanent alimony in a long-term marriage necessitates reversal for meaningful review.

[2] A trial court's imputation of income to a party in a dissolution proceeding requires particularized findings to support the decision.

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Key Quotes

“In denying Former Wife permanent alimony, the trial court failed to make any of the factual determinations required by section 61.08(2)(a)-(j), Florida Statutes.”

Establishes the core holding that the trial court's failure to make statutory factual findings was reversible error.

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Facts & Procedural History

Catherine D. David and Michael S. David, Sr. were in a presumptively long-term marriage. The trial court issued a Final Judgment of Dissolution of Mar…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Former Wife, raises six points on appeal challenging several aspects of the Final Judgment of Dissolution of Marriage. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

We affirm Point TV without further comment. Regarding Point V, we conclude that the trial court’s decision not to award Former Wife the marital home as lump sum alimony was not an abuse of discretion, and affirm. As to Point VI, we affirm the trial court’s decision to deny Former Wife’s request for Former Husband to reimburse her in the amount of $6800 for the attorney’s fees she had already paid her first attorney. See Cullen v. Cullen, 884 So.2d 304, 306 (Fla. 2d DCA 2004) (“The purpose of an attorney’s fee award under section 61.16, Florida Statutes ... is to ensure that both parties will have a similar ability to obtain competent legal representation.”); Giovanelli v. Giovanelli, 654 So.2d 154, 155 (Fla. 4th DCA 1995) (“The principle [sic] criterion for an award of attorney’s fees in a marital case is the relative financial resources of the parties. ... Moreover, it has been pronounced that the award of attorney’s fees is proper to avoid an inequitable diminution of the fiscal sums granted ... in those proceedings.”) (citation omitted).

Points I, II, and III, however, raise issues directed to the insufficiency of the trial court’s findings with regard to Former Wife’s request for permanent alimony (Points I and II), and the trial court’s imputation of income to Former Wife (Point III). The parties’ marriage was presumptively a long-term marriage as contemplated in section 61.08(4), Florida Statutes (2013). In denying Former Wife permanent alimony, the trial court failed to make any of the factual determinations required by section 61.08(2)(a)-(j), Florida Statutes. The trial court’s failure to set forth the requisite factual findings to justify its decision not to award Former Wife *1286permanent alimony contravened the clear mandate of section 61.08(2), and inhibits any meaningful review of the alimony-issue. See Abbott v. Abbott, 187 So.3d 326, 327-28 (Fla. 1st DCA 2016); Winder v. Winder, 152 So.3d 836, 840-41 (Fla. 1st DCA 2014); Broemer v. Broemer, 109 So.3d 284, 289 (Fla. 1st DCA 2013); Sellers v. Sellers, 68 So.3d 348, 350-51 (Fla. 1st DCA 2011). As a result, the permanent alimony judgment must be reversed. Similarly, the trial court’s imputation of income to Former Wife suffers from an equal lack of the requisite “ ‘particularized findings’ to support its decision, McDuffie v. McDuffie, 155 So.3d 1234, 1236 (Fla. 1st DCA 2015) (quoting Rabbath v. Farid, 4 So.3d 778, 782 (Fla. 1st DCA 2009)); see also Schlagel v. Schlagel, 973 So.2d 672, 675 (Fla. 2d DCA 2008). Although in some instances we may affirm without the inclusion of specific findings, see McDuffie, 155 So.3d at 1236, we cannot do so on ‘this record. Therefore, the imputation of income determination as to Point III must be reversed. On remand, the trial court should undertake an appropriate analysis of Former Wife’s actual prospects for employment and her income earning potential. In doing so, the court may take additional evidence. Id. at 1237.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

OSTERHAUS, JAY, and WINSOR, JJ„ CONCUR.


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