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Halpern v. Halpern

Citations: 547 So. 2d 310; 14 Fla. L. Weekly 1883; 1989 Fla. App. LEXIS 4463; 1989 WL 88017Docket: No. 88-1434

Court: District Court of Appeal of Florida; August 9, 1989; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms the trial court's decision in all respects except for acknowledged errors. The appellee admits that a marital asset awarded to the appellant was overvalued by $6,000 and that the wife had $5,500 worth of marital assets (furniture and jewelry) omitted from the equitable distribution list. The court reverses the trial court’s decision regarding these errors and remands the case with directives to amend the final judgment. Specifically, the valuation of the West Broward Lago property is to be reduced by $6,000, and the omitted $5,500 in furniture and jewelry is to be included in the marital assets. Consequently, the court instructs a reduction of the lump sum alimony awarded to the appellee by $5,750. The decision is affirmed in part, reversed in part, and remanded with instructions for amendment. Judges Letts and Walden concur.

Legal Issues Addressed

Adjustment of Alimony Based on Asset Valuation

Application: The court adjusts the lump sum alimony to account for corrected valuations of marital assets, reducing it by $5,750.

Reasoning: Consequently, the court instructs a reduction of the lump sum alimony awarded to the appellee by $5,750.

Appellate Review and Remand for Correction of Errors

Application: The appellate court reverses the trial court's decision in part and remands the case for correction of acknowledged valuation errors and omission of assets.

Reasoning: The court reverses the trial court’s decision regarding these errors and remands the case with directives to amend the final judgment.

Inclusion of Omitted Marital Assets

Application: The court identifies omitted marital assets and orders their inclusion in the equitable distribution, specifically furniture and jewelry worth $5,500.

Reasoning: The wife had $5,500 worth of marital assets (furniture and jewelry) omitted from the equitable distribution list.

Valuation of Marital Assets in Equitable Distribution

Application: The court acknowledges an error in the valuation of a marital asset and corrects it by reducing the valuation of the West Broward Lago property by $6,000.

Reasoning: The appellee admits that a marital asset awarded to the appellant was overvalued by $6,000.