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Benson v. Benson

Citations: 811 So. 2d 861; 2002 Fla. App. LEXIS 4088; 2002 WL 463604Docket: No. 5D01-116

Court: District Court of Appeal of Florida; March 27, 2002; Florida; State Appellate Court

Narrative Opinion Summary

The court reversed the final judgment of dissolution in a prior appeal, remanding the case to the trial court for the identification and evaluation of marital assets. It instructed the trial court to reconsider the distribution of these assets, as well as alimony and attorney’s fees. The trial court attempted to comply with this mandate but did not fully succeed. Consequently, the court decided it would serve the interests of justice to reassign the case for further consideration. The new judge has the option to conduct additional hearings if desired. The matter is remanded to the Chief Judge of the Seventh Circuit for reassignment and to ensure compliance with the original directive. The motion to enforce is granted, with all concurring judges in agreement.

Legal Issues Addressed

Assignment to a New Judge on Remand

Application: The case was reassigned to a new judge to ensure compliance with the appellate court's original directive, with the option for additional hearings.

Reasoning: The new judge has the option to conduct additional hearings if desired. The matter is remanded to the Chief Judge of the Seventh Circuit for reassignment and to ensure compliance with the original directive.

Motion to Enforce Granted

Application: The court granted the motion to enforce its prior decision, requiring adherence to its remand instructions.

Reasoning: The motion to enforce is granted, with all concurring judges in agreement.

Reconsideration of Asset Distribution, Alimony, and Attorney’s Fees

Application: The trial court was instructed to reconsider the distribution of marital assets, alimony, and attorney's fees as part of the remand process.

Reasoning: It instructed the trial court to reconsider the distribution of these assets, as well as alimony and attorney’s fees.

Reversal and Remand for Reevaluation of Marital Assets

Application: The appellate court reversed the trial court's judgment and remanded the case for a proper identification and evaluation of marital assets.

Reasoning: The court reversed the final judgment of dissolution in a prior appeal, remanding the case to the trial court for the identification and evaluation of marital assets.