Raehn v. Raehn

• Decision Date: 15 February 1990
• Docket Number: No. 89-16,89-16
• Citation: 557 So.2d 152
• Parties: 15 Fla. L. Weekly D451 John Sidney RAEHN, Appellant, v. Barbara Beals RAEHN, Appellee.
• Court: Florida District Court of Appeals

Page 152

557 So.2d 152

15 Fla. L. Weekly D451

John Sidney RAEHN, Appellant, v. Barbara Beals RAEHN, Appellee.

No. 89-16.

District Court of Appeal of Florida First District.

Feb. 15, 1990.

Judith Petersen, Tallahassee, for appellant.

Jerome M. Novey of Novey & Mendelson, Tallahassee, for appellee.

ZEHMER, Judge.

John Raehn appeals the final judgment of dissolution of his marriage with his former wife, Barbara. He urges error on the grounds that the amounts ordered for child support payments, payments for debts of the parties, and payment of the wife's litigation costs and attorneys' fees exceed his financial ability. After carefully reviewing the record we are unable to determine with any degree of certainty the factual basis for the decisions of the several trial judges that participated in this case below. We reverse and remand for further proceedings.

On October 17, 1986, Barbara Raehn filed a petition for dissolution of marriage. Numerous motions were filed and orders entered over the ensuing eight months. Financial affidavits were filed by each of the parties prior to final hearing held on June 22, 1987, before Judge George Harper. After the hearing and pursuant to the judge's request, the parties filed summaries of the evidence, proposed orders, and argument in support of their respective positions. The primary issues revolved around John Raehn's financial condition. Suffice it to say that his records were a mess and his financial condition was complicated by the apparent failure of his various businesses and consequent demands for payment by various creditors. Barbara Raehn contended that her husband had been secreting funds and assets, and that the court should impute a significantly larger income to him than his records tended to indicate, regardless of his testimony about his diminished income. John Raehn presented testimony and documents indicating that he had a six-figure negative net worth and only $1200 per month income. The testimony adduced and the respective arguments made it apparent that the credibility of the witnesses establishing John Raehn's financial situation constituted the primary question for resolution by the trial court.

In view of Judge Harper's serious illness, no final judgment was entered for several months. In January 1988, both parties executed and filed a joint motion for entry of judgment and other relief. The joint motion noted Judge Harper's illness and his inability "to consider the evidentiary exhibits, his notes and the arguments of counsel to resolve the case" and further stipulated, among other things, that:

3. Because of his unfortunate illness, the court has never issued a final judgment.

4. A court reporter recorded the proceedings before the court, but no transcript has been prepared.

5. The parties are without funds to pay for the transcript.

6. The absence of a ruling in this case is causing financial and personal hardship for both parties and their children.

(R. 154-155). The parties requested assignment of the case to another judge, an order that the transcript be paid from public funds, and an immediate dissolution of the marriage reserving jurisdiction to pass on the division of property, child support, alimony, and attorneys' fees at a later date. As a result, the case was reassigned to Judge George Reynolds, as acting circuit judge. On January 14, 1988, Judge Reynolds entered a final judgment dissolving the marriage, ordering the parties to comply with the stipulations made in their joint motion, and reserving jurisdiction to resolve all remaining issues. (R. 156).

No order was ever entered on the request for the preparation of a transcript of the hearing before Judge Harper at public expense; however, the court reporter prepared a transcript and certified it on March 9, 1988. The record does not reflect how the court reporter was paid. The transcript bears a filing stamp in the circuit court dated January 25, 1989.

Judge Reynolds did not remain with the case very long. The case was reassigned to Judge Hal McClamma, as acting circuit judge, sometime between March and May, 1988. The wife filed a motion to enforce portions of the stipulation approved in the final judgment, and on May 5, 1988, Judge McClamma entered an order directing the husband to show cause why he should not be held in contempt for not complying with the stipulation and made it returnable on June 13, 1988.

On May 25, 1988, Judge McClamma, without further notice to the parties and counsel and without a hearing thereon, entered an order entitled Amendment to the Final Judgment of Dissolution of Marriage. This amended judgment recited that the court had "reviewed the recorded testimony of witnesses, heard additional arguments of counsel, and [was] otherwise duly advised in the premises...." (R. 186). ¹ The amended judgment contained certain provisions for child custody, and ordered the husband to pay child support in the amount of $350.00 per month for each of the two children of the marriage commencing on June 5, 1988. It made a division of certain real and personal property and certain liabilities, and required the parties to maintain life insurance in substantial amounts to secure their support obligations. The judgment also ordered the husband to pay one half of the wife's attorney's fees and costs and reserved jurisdiction to determine the reasonable amount of such fees and costs at a later time. We note, however, that the amended judgment contained no specific findings of fact as to the financial condition and ability of either party other than the simple recitation that "the Husband has the present ability to pay $350.00 per month, per child in child support." (R. 187). As the predicate for requiring the husband to pay one half of the wife's attorneys' fees and costs, the amended judgment recited, "The Court finds the difficulty of this litigation [was] enhanced by the Husband...." (R. 187).

On June 6, 1988, John Raehn filed a motion for rehearing alleging, among other things, that when Judge Reynolds entered the original judgment of January 14, 1988, "the parties agreed with Judge Reynolds that the court would read the transcript of the hearing of June 22, 1987, and that the court would set another hearing date for the purpose of up-dating the information before the court and argument as to allocation of debts, assets and child support." (R. 191). It further alleged that when the parties received notice of reassignment of the case to Judge McClamma, "the parties were still under the impression that the court intended to have further hearings before a judgment was entered." (R. 192). The motion alleged that the amendment to the final judgment was defective for several reasons, including its failure to take into consideration substantial changes in the financial situation of the parties, and requested the court to set a hearing for the purpose of updating the financial information and making findings of fact as to the financial abilities of the parties to contribute to child support and payment of attorneys' fees. On August 12, 1988, John Raehn also filed a motion for the disqualification of Judge McClamma, alleging that Raehn believed Judge McClamma was prejudiced against him based on the judge's remarks and rulings made during hearings in small claims court concerning John Raehn's lack of credibility. The motion recited that counsel had intended to raise this matter at an anticipated hearing before Judge McClamma ruled on the disputed issue and entered an amended final judgment. So far as the record reflects, this motion for disqualification was neither granted nor denied. For reasons not made apparent in the record, however, the case was again reassigned, this time to Judge John Crusoe, as acting circuit judge. In the meantime, John Raehn filed a motion for enforcement of the court's amended judgment.

On December 5, 1988, Judge Crusoe entered an order that: denied the husband's motion for rehearing; ordered him to show cause why he should not be held in contempt for failing to pay child support in the amounts previously awarded, returnable on January 5, 1989; granted the husband's motion to enforce; and set the amount of the wife's attorneys' fees and costs and ordered appellant to pay one half thereof ($9,383.88). (R. 208-09). The order makes no specific findings as to the financial inability of the wife to obtain competent legal counsel or the...