Thursday, February 9, 2012

First District Reverses Final Judgment

The First District Court of Appeal reversed in part today in Justice v. Justice, finding internal inconsistency requiring clarification in that the Final Judgment referenced one timesharing schedule while attaching a different one.  Error was found in the lower tribunal’s failure to make findings as to the award of permanent periodic alimony made to the Former Wife, as required by Florida Statute 61.08(2), including those as to need, ability, and earning capacity.  Error was also found in the lower court’s failure to identify, value, and distribute various assets.  First, the lower tribunal was reversed for not ruling on the Former Husband’s claim that certain assets were non-marital, despite the Former Wife’s claim on appeal that the assets were already in his possession and too trivial to warrant ruling, and second, the lower court was reversed for not specifically identifying property as it was to be divided.

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