ROGER MALOCH
v.
LAURA DAVIS F/K/A LAURA MALOCH
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The trial court's judgment is affirmed, though a mathematical discrepancy in the alimony calculation may exist on the face of the judgment.
[1] When a mathematical error is apparent on the face of a family law judgment, the proper remedy is remand to the trial court to correct the error, particularly when it is u…
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Join FLexlaw to unlock all legal intelligence“[W]e reverse and remand to the trial court to correct the mathematical error which is reflected on the face of the order.”
Citation to Poropat v. Poropat regarding the proper remedy for apparent mathematical errors in family law judgments
This is an appeal from a family law judgment in a case involving Former Husband Roger Maloch and Former Wife Laura Davis (formerly Maloch). The case i…
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PER CURIAM.
AFFIRMED.
LAMBERT, C.J., and EDWARDS, J., concur. EISNAUGLE, J., concurring in part and dissenting in part, with opinion. Case No. 5D21-2493 LT Case No. 2007-DR-0920 EISNAUGLE, J., concurring in part and dissenting in part. Former Husband argues, inter alia, that a miscalculation of alimony appears on the face of the judgment. I agree, but I cannot discern if the miscalculation is in the trial court’s assessment of Former Wife’s need or in the alimony amount itself. Therefore, I would reverse for the trial court to reconsider both calculations. See Poropat v. Poropat, 54 So. 3d 507, 508 (Fla. 5th DCA 2010) (“[W]e reverse and remand to the trial court to correct the mathematical error which is reflected on the face of the order.” (citation omitted)). I would otherwise affirm.