CLEMENTS
v.
CLEMENTS
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A trial court abuses its discretion when it adopts one party's proposed final judgment verbatim without conducting independent analysis and making its own findings of fact and conclusions of law. The court must independently analyze all issues including alimony, time-sharing, child support, and equitable distribution based on evidence presented at trial.
[1] A trial court abuses its discretion when it adopts one party's proposed final judgment verbatim without conducting independent analysis and making its own findings of fac…
[2] In dissolution of marriage proceedings, a trial court must independently consider all statutory and case law factors regarding permanent alimony and may not simply adopt…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial judge adopted Appellee's proposed final judgment almost verbatim. We believe the trial court failed to conduct an independent analysis necessary for a fair resolution of the issues raised by the parties.”
Establishes that verbatim adoption of a party's proposed judgment without independent judicial analysis constitutes reversible error.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBlair Clements appealed a final judgment of dissolution of marriage entered by the trial court. After the final hearing, both parties submitted propos…
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
BLAIR CLEMENTS,
Appellant,
v. Case No. 5D17-2015
ROSIMERI CLEMENTS,
Appellee.
________________________________/
Opinion filed August 31, 2018
Appeal from the Circuit Court for Seminole County, John D. Galluzzo, Judge.
Shannon McLin Carlyle and John N. Bogdanoff, of The Carlyle Appellate Law Firm, Orlando, for Appellant.
Kenneth D. Morse, of Kenneth D. Morse, PA, Heathrow, for Appellee.
PER CURIAM.
Appellant appeals the final judgment of dissolution of marriage. We affirm that part of the final judgment dissolving the marriage between the parties. However, we reverse the remainder of the final judgment. After the final hearing concluded, both parties submitted proposed final judgments. The trial judge adopted Appellee’s proposed final judgment almost verbatim. We believe
SAWAYA, EVANDER and LAMBERT, JJ., concur.
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