Holden v. Holden
Docket: 95-499
Court: District Court of Appeal of Florida; January 30, 1996; Florida; State Appellate Court
Mary Alana Holden appealed a final judgment from the District Court of Appeal of Florida, which awarded her ex-husband, Daniel P. Holden, half the value of certificates of deposit held in her name. She contended that there was no competent evidence supporting the classification of these certificates as marital assets. The court agreed, reversing that portion of the judgment. The certificates were acquired with distributions from the Wife's shares in a family-controlled corporation, deemed non-marital assets by the lower court. The Husband argued that these assets were treated as marital property during the marriage, citing joint tax returns and his assumptions regarding the use of the Wife's income. However, the court found this testimony insufficient to establish commingling of assets, as it lacked solid evidentiary support. The mere inclusion of the Wife's non-marital income in joint tax filings does not automatically convert it into marital property. The court emphasized that speculative testimony and assumptions cannot be deemed competent evidence. The court ultimately affirmed some aspects of the lower court's ruling but reversed the award to the Husband, allowing the lower court the discretion to reevaluate the equitable distribution of marital assets on remand.