Juliano v. Juliano

• Decision Date: 17 September 2008
• Docket Number: No. 4D07-1271.,4D07-1271.
• Citation: 991 So.2d 394
• Parties: Madeline Muscara JULIANO, Appellant, v. August B. JULIANO, Appellee.
• Court: Florida District Court of Appeals

991 So.2d 394

Madeline Muscara JULIANO, Appellant, v. August B. JULIANO, Appellee.

No. 4D07-1271.

District Court of Appeal of Florida, Fourth District.

September 17, 2008.

Lauren J. Schindler and James D. Ryan of Ryan & Ryan Attorneys, P.A., North Palm Beach, for appellant.

Barbara J. Compiani and Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Melinda Penney Gamot of the Gamot Law Firm, P.L., Palm Beach Gardens, for appellee.

SHAHOOD, C.J.

This is an appeal by Madeline Muscara Juliano, former wife, from the Final Judgment of Dissolution of Marriage Including Judgment of Conveyance of Real Property.

The former wife raises several issues on appeal. The first issue raised is that the trial court erred in awarding a non-party creditor, the August B. Juliano Family Trust, a judgment interest against the sale proceeds of the former wife's homestead property. We agree and reverse.

Prior to the marriage of the parties, in 1977, the former husband created the August B. Juliano Family Trust. The former husband was the trustee and grantor of the Trust at that time. The former husband had four children from a prior marriage whom he named as the beneficiaries to the Trust along with any children they might have.

The parties married in 1986. At the time of the marriage it was understood by the former wife that the former husband was having certain legal problems with the IRS and that a tax lien was filed against him. As a result, the former husband could not have any of his assets in his name. The former wife believed that the former husband would keep his assets in the Trust and that she was a beneficiary. The former husband denies ever telling the former wife that she was a beneficiary of the Trust.

In 1999, the former husband resigned as trustee of the Trust, leaving his son, Jeffre, as the sole trustee, although the former husband retained written powers of attorney.

In 2002, the former wife and former husband purchased a home at 714 Ocean Drive, Juno Beach, FL for $3.8 million. The former wife put down a $50,000 deposit and the former husband obtained two separate sums, $3.4 million and $400,000, from the Trust. The sums came via a mortgage and promissory note payable to the Trust, respectively. The former wife admits to signing the mortgage but not the promissory note. The former husband did not sign either and testified to observing the former wife sign both documents. The former wife testified that the former husband told her initially that the Trust did not have to be paid back but later changed his mind.

The Ocean Drive home was titled solely in the former wife's name because the former husband wanted it that way, although the former husband did intend to be a title holder in the future. The former wife viewed the home as their retirement home. She maintained her residence there and applied for a homestead on the property.

Before the dissolution of the marriage, the $3.4 million mortgage on the Ocean Drive home was paid off. The former husband testified that the funds to pay off the mortgage came from the sale of...