LINDA PETRINIC
v.
DENNIS PETRINIC
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Linda Petrinic appeals a final judgment of dissolution of marriage challenging the alimony amount, classification of trust appreciation as marital property, asset omissions and valuations, and attorney's fees awarded. The appellate court affirms the trial court's decisions on all substantive issues but remands to correct a scrivener's error in the equitable distribution schedule.
The court affirms the trial court's substantive decisions on all issues raised by the wife as without merit. However, the court remands the case for correction of a scrivener's error in the amended equitable distribution schedule, which should remove the IRAs from the wife's column and reflect the additional $22,466 balancing payment the husband must pay.
[1] A scrivener's error in an equitable distribution schedule that fails to reflect a trial court's own amendments on rehearing may be corrected on remand even when all subst…
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Join FLexlaw to unlock all legal intelligence“The amended equitable distribution schedule should not allocate the IRAs to the wife and should reflect the additional $22,466 the husband is required to pay to the wife.”
Court's instruction for correction on remand
The parties commenced dissolution proceedings in 2016. The trial court awarded alimony and equitably divided marital assets, including two IRAs alloca…
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Jordan B. Abramowitz of Abramowitz and Associates, Coral Gables, for appellee Dennis Petrinic.
PER CURIAM.
Linda Petrinic (“wife”) appeals a final judgment of dissolution of marriage, challenging the following: (1) the amount of alimony Dennis Petrinic (“husband”) is required to pay her, (2) the failure to find that appreciation in the husband’s nonmarital trust was marital, (3) the omission and valuation of certain assets in the equitable distribution schedule, and (4) the amount of attorney’s fees and accountant fees awarded to her. We find the issues to be without merit and affirm without further comment. We write only to address a scrivener’s error in issue 3. The parties commenced dissolution proceedings in 2016. The final judgment awarded alimony and equitably divided the marital assets. The wife moved for rehearing, arguing that the trial court erred in awarding her two IRAs that she had to liquidate during the proceedings to pay for living expenses. On rehearing, the trial court agreed that the IRAs should not have been allocated to the wife and entered an amended final judgment, finding that the husband owed the wife an additional balancing payment of $22,466. However, the amended equitable distribution schedule attached to the amended final judgment did not reflect this finding. Instead, it still listed the two IRAs in the wife’s column and contained the same equalizing payment amount as the original equitable distribution schedule.
Accordingly, we remand for correction of the scrivener’s error in the amended equitable distribution schedule. See Standish v. Standish, 40 So. 3d 919 (Fla. 5th DCA 2010) (affirming final judgment but remanding to correct scrivener’s error in equitable distribution table). The amended equitable distribution schedule should not allocate the IRAs to the wife and should reflect the additional $22,466 the husband is required to pay to the wife.
Affirmed and remanded with instructions. DAMOORGIAN, GERBER and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.