Conner v. Conner

• Decision Date: 13 October 1983
• Docket Number: No. 62089,62089
• Citation: 439 So.2d 887
• Parties: Doyle Edward CONNER, Petitioner, v. Johnnie B. CONNER and L. Ralph Smith, Respondents.
• Court: Florida Supreme Court

Page 887

439 So.2d 887

Doyle Edward CONNER, Petitioner, v. Johnnie B. CONNER and L. Ralph Smith, Respondents.

No. 62089.

Supreme Court of Florida.

Oct. 13, 1983.

Gene D. Brown of Brown & Camper, Tallahassee, for petitioner.

Sidney L. Matthew of Gorman & Matthew, Tallahassee, Simon, Schindler & Tripp, Miami, and L. Ralph Smith, Jr. of Dearing & Smith, Tallahassee, for respondents.

PER CURIAM.

This cause, Conner v. Conner, 411 So.2d 899 (Fla. 1st DCA 1982), is before us pursuant to article V, section 3(b)(3) of the Florida Constitution as conflicting with Shaw v. Shaw, 334 So.2d 13 (Fla.1976). We have jurisdiction. We approve in part and quash in part the opinion of the district court.

We agree with the First District's holding that the property distribution should be considered in light of this Court's opinion (issued after the decision of the trial court) in Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). Nonetheless, the determination that a party has been "shortchanged" is an issue of fact and not one of law, and in making that determination on the facts before it in the instant case, the district court exceeded the scope of appellate review. Shaw v. Shaw. Thus, the cause must be remanded for a further finding of fact as to what special equity, if any, the ex-wife has in property titled in the ex-husband's name as a result of her contributions to his business and political success.

Consequently, the issue of attorney's fees must be revisited if any redistribution of property should materially change the parties' abilities to bear their own or the other party's attorney's fees. We note that the reasonableness of attorney's fees is also an issue of fact, to be determined by the trial court. International Funding Corp. v. Decora Steel City, Inc., 317 So.2d 130 (Fla. 3d DCA 1975).

It is so ordered.

OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.

BOYD, J., concurs in part and dissents in part with an opinion, in which ADKINS, J., concurs.

ALDERMAN, C.J., dissents with an opinion.

BOYD, Justice, concurring in part and dissenting in part.

The district court of appeal created express and direct conflict with Shaw v. Shaw, 334 So.2d 13 (Fla.1976), when it substituted its judgment for that of the chancellor on a matter clearly falling within the area for exercise of the chancellor's sound discretion. Because the trial judge's exercise of discretion was not clearly erroneous or inequitable, it should have been affirmed.

There is no need for a remand for reconsideration in light of Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). The district court characterized that decision as a "landmark" allowing the use of lump-sum alimony as a means of effecting equitable distribution of property acquired during the marriage. If that was the import of the Canakaris decision then it appears to me that the circuit judge anticipated it. In addition to four years of partial support by way of rehabilitative alimony, the judge awarded permanent alimony in an amount sufficient to...