RODNEY STEWART, FORMER HUSBAND
v.
DARLA JANE STEWART, FORMER WIFE
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The trial court properly valued the personal property based on the former husband's amended financial affidavit, but erred in listing the Arnie's Way property as a marital asset, warranting reversal on that issue.
[1] In a dissolution of marriage proceeding, a trial court's valuation of personal property supported by a party's own amended financial affidavit is affirmed on appeal absen…
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Join FLexlaw to unlock all legal intelligenceThis is the second appeal in a dissolution of marriage case. In the first appeal, the appellate court reversed portions of the trial court's amended f…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D18-3348 _____________________________
RODNEY STEWART, Former Husband,
Appellant,
v. DARLA JANE STEWART, Former Wife,
Appellee.
_____________________________
On appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge.
July 23, 2019 PER CURIAM.
This is the second time this matter is before us. The first resulted in our opinion in Stewart v. Stewart, 237 So. 3d 450 (Fla. 1st DCA 2018), in which we reversed and remanded portions of the lower tribunal’s amended final judgment of dissolution to recalculate the value of certain assets. The lower court subsequently revisited the valuations discussed in our prior opinion and issued a remand order. We now review those portions of the lower court’s remand order concerning the court’s valuation of the personal property of the marriage and what was referred to as the marital home located at Arnie’s Way.
2
Without further comment, we affirm the trial court’s valuation of the personal property based on Former Husband’s own amended financial affidavit. As to the Arnie’s Way property, Former Husband argues that the trial court erred by listing it as a marital asset. Former Wife concedes the point. Therefore, we reverse that portion of the remand order and distribution table and remand to the trial court to correct the error and proceed accordingly.
REVERSED and REMANDED.
LEWIS, ROBERTS, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
E. Jane Brehany of E. Jane Brehany, P.A., Pensacola, for Appellant. Jill W. Warren of the Law Office of Jill W. Warren, PLLC, Pensacola, for Appellee.
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Cletcher v. Cletcher, 348 So. 3d 1223 (Fla. 2d DCA 2022)…(quoting Hanson v. Hanson, 217 So. 3d 1165, 1168 (Fla. 2d DCA 2017)). Further, "[t]he grant or denial of a motion for attorney's fees must avoid ' "the inequitable diminution" of a spouse's share of an equitable distribution.' " Stewart v. Stewart, 290 So. 3d 607, 609 (Fla. 1st DCA 2020) (quoting Von Baillou v. Von Baillou, 959 So. 2d 821, 823 (Fla. 4th DCA 2007)). "If the equitable distribution scheme places the parties in substantially the same financial positions with equal abilities to pay attorney's f…
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Gable, Jr. v. Gable (Fla. 1st DCA 2023)…[i]f the equitable distribution scheme places the parties in substantially the same financial positions with equal abilities to pay attorney’s fees, it is an abuse of discretion to award attorney’s fees to one former spouse.” See Stewart v. Stewart, 290 So. 3d 607, 609 (Fla. 1st DCA 2020). If the court again awards Appellee attorney’s fees, it must make written findings that after the equitable distribution, Appellee remains in need of assistance to obtain competent counsel. See id. REVERSED and REMANDED for…
Authorities Cited
- Stewart v. Stewart, 237 So. 3d 450 (Fla. 1st DCA 2018)