ANGELO ORTIZ
v.
PAOLA FERREYRA ORTIZ

Fla. 3d DCA | 2022-02-02
No. 21-1167
Florida District Court of Appeal, Third District (2022)

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Synopsis

Angelo Ortiz appeals for a second time from the trial court's distribution of marital assets and durational alimony award following remand. The court affirms the trial court's decision, finding that the trial court properly complied with the appellate remand instructions and properly exercised its discretion in awarding alimony and distributing assets.


Holding

The court affirmed the trial court's asset distribution and alimony award, finding that the trial court complied with the appellate remand instructions and properly exercised its discretion in making the award. An award of alimony and equitable distribution of assets is within the trial court's broad discretion, subject to appellate review limited to whether the court's findings are supported by competent, substantial evidence.


Headnotes

[1] A trial court's award of alimony and equitable distribution of marital assets is subject to limited appellate review and will be affirmed if the trial court's findings ar…

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Facts & Procedural History

Angelo Ortiz and Paola Ferreyra Ortiz were former spouses in a divorce proceeding. The trial court issued an award of durational alimony and a distrib…

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Opinion of the Court

Opinion filed February 2, 2022. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21-1167 Lower Tribunal No. 18-8522 ________________

Angelo Ortiz,

Appellant,

vs.

Paola Ferreyra Ortiz,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, David Young, Judge. Davis Smith & Jean, LLC, and Sonja A. Jean and Laura Davis Smith, for appellant. Law Offices of Granoff & Kessler, P.A., and Roy E. Granoff, for appellee. Before EMAS, LINDSEY, and LOBREE, JJ. PER CURIAM.

Angelo Ortiz, the former husband, appeals for a second time from the trial court’s distribution scheme and durational alimony award in favor of Paola Ferreyra Ortiz, the former wife. In his first appeal, we reversed and remanded for the trial court to identify and assign a value to all marital assets and to make specific factual determinations regarding the former wife’s need for alimony pursuant to section 61.08, Florida Statutes (2021). Ortiz v. Ortiz, 306 So. 3d 1081 (Fla. 3d DCA 2020). Because the trial court complied with our remand instructions and properly exercised its discretion, we affirm. See Corrales v. Corrales, 320 So. 3d 217, 219 (Fla. 3d DCA 2021) (“[A]n award of alimony, along with the equitable distribution of assets and liabilities, is within the trial court’s broad discretion. Thus, in this context, our appellate review is limited to examining the record to determine whether the court’s findings . . . [are] supported by competent, substantial evidence.”) (internal quotation marks omitted) (citations omitted).

Affirmed.


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