Friday, November 16, 2012

Fifth District Reverses Final Judgment

The Fifth District Court of Appeal reversed today in Hernandez v. Hernandez, both as to equitable distribution and as to alimony.  First, while it was argued that the Court erred in using the tax assessor’s value for the value of one parcel of real property, the Fifth District found that, in fact, the lower court had first reviewed each party’s position as to value, and then found that the assessed value was within the range, and therefore closest to fair market.  However, the lower court was reversed for failing to identify, value, and deduct from the value of real property an existing bridge loan.  Finally, while the lower court was within its discretion to award alimony to the Wife, the Fifth District found that the award was made based on an incorrect and out of date financial affidavit for the Wife.  As such, on remand, the lower court was instructed to make the determination again based on the more accurate affidavit.

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