You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

David v. David

Citations: 784 So. 2d 554; 2001 Fla. App. LEXIS 6581; 2001 WL 497111Docket: No. 5D00-2405

Court: District Court of Appeal of Florida; May 11, 2001; Florida; State Appellate Court

Narrative Opinion Summary

In this appellate case, a petitioner challenges the distribution of marital assets following the dissolution of his marriage. The key issue concerns the trial court's handling of special equity awards in the division of assets, specifically a lawn business valued at $45,000 and a marital home valued at $100,000. The trial court awarded the husband a special equity of $7,500 in the business and the wife a special equity of $18,000 in the home, yet decided that the values of these assets should be split equally without first extracting the special equity amounts. The husband does not contest the awards or valuations but contends that the trial court erred by failing to separate the special equity amounts before equitable distribution, contrary to established precedent in Mattingly v. Mattingly. The appellate court found merit in the husband's argument, as the trial court's approach resulted in an incorrect division of assets. Consequently, the judgment was reversed and remanded for the trial court to reconsider the equitable distribution scheme. Judges Harris and Sawaya concurred with the decision, emphasizing the necessity of adhering to proper legal standards in asset distribution post-divorce.

Legal Issues Addressed

Reversal and Remand for Reconsideration

Application: The appellate court reversed the trial court’s judgment due to errors in the division of marital assets and remanded for a correct equitable distribution.

Reasoning: The judgment has been reversed and remanded for reconsideration of the equitable distribution scheme, as the trial court appeared to contemplate an incorrect division of marital assets.

Special Equity in Marital Asset Distribution

Application: The court must first separate any special equity amounts from the total marital assets before equitable distribution.

Reasoning: The court should first separate any special equity amounts from the total marital assets for equitable distribution, as established in Mattingly v. Mattingly, 651 So.2d 214 (Fla. 2d DCA 1995).

Valuation and Division of Marital Assets

Application: The trial court erred by valuing marital assets and awarding special equity without first extracting these amounts prior to equitable distribution.

Reasoning: He argues that the trial judge improperly failed to extract special equity awards before equitably dividing the marital property.