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David v. David

Citations: 220 So. 3d 1284; 2017 WL 2790706; 2017 Fla. App. LEXIS 9296Docket: CASE NO. 1D16-1578

Court: District Court of Appeal of Florida; June 27, 2017; Florida; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by the Former Wife challenging the Final Judgment of Dissolution of Marriage on multiple grounds. The appellate court affirmed, reversed, and remanded various aspects of the trial court's judgment. Specifically, the court affirmed the trial court's discretion in not awarding the marital home as lump sum alimony and in denying reimbursement of attorney's fees, referencing equitable considerations under section 61.16, Florida Statutes. However, the court reversed the trial court's decisions regarding the denial of permanent alimony and the imputation of income to the Former Wife due to insufficient factual findings, which impeded meaningful appellate review. The marriage was classified as long-term under section 61.08(4), Florida Statutes, and the trial court's failure to provide necessary factual determinations violated section 61.08(2)(a). The case is remanded for further proceedings, instructing the trial court to analyze the Former Wife’s employment prospects and income potential, allowing for the introduction of additional evidence. The final decision affirms part of the judgment, reverses part, and remands the case for actions consistent with the appellate court's findings.

Legal Issues Addressed

Imputation of Income

Application: The imputation of income to the Former Wife was reversed due to the lack of requisite factual findings, necessitating further examination of her employment prospects and income potential.

Reasoning: Similarly, the imputation of income to Former Wife lacks requisite findings, which requires reversal as well.

Marital Home as Lump Sum Alimony

Application: The trial court's decision not to award the marital home as lump sum alimony was affirmed, as there was no abuse of discretion found.

Reasoning: Regarding Point V, the court finds no abuse of discretion in the trial court's decision not to award the marital home as lump sum alimony, affirming that decision.

Reimbursement of Attorney's Fees

Application: The denial of reimbursement for attorney's fees was affirmed based on equitable considerations under section 61.16, Florida Statutes.

Reasoning: In Point VI, the court upholds the trial court's denial of Former Wife's request for reimbursement of $6,800 in attorney's fees previously paid to her first attorney, referencing the equitable considerations under section 61.16, Florida Statutes.

Requirement for Factual Findings in Alimony Determinations

Application: The trial court's failure to make necessary factual findings for denying permanent alimony requires reversal, as it contravenes section 61.08(2)(a) and impedes meaningful review.

Reasoning: The trial court's failure to provide the necessary factual determinations for denying permanent alimony contravenes section 61.08(2)(a) and impedes meaningful review. Consequently, the judgment regarding permanent alimony is reversed.