Reyes v. Reyes, 97-3371
| Decision Date | 29 July 1998 |
| Docket Number | No. 97-3371,97-3371 |
| Citation | 714 So.2d 646 |
| Parties | 23 Fla. L. Weekly D1771 Glenn E. REYES, Appellant, v. Nevis REYES, Appellee. |
| Court | Florida District Court of Appeals |
Terry Ellen Fixel of Fixel & La Rocco, Hollywood, for appellant.
No brief filed for appellee.
In this appeal from final judgment in a marriage dissolution case, we affirm the trial court's decision regarding child custody, but reverse and remand as to all other matters raised on appeal.
In its final judgment of dissolution of marriage the trial court ordered ultimate sale and partition of the home in which the former spouses resided. The home, which had been purchased by the husband prior to the marriage, served as the parties' and their children's residence for some years from the time of purchase before they became legally married, as well as during the marriage. We conclude the trial court erred in ordering eventual partition of the property, because there was no pleading seeking such relief nor was such request made at trial or acquiesced in. See Zeller v. Zeller, 396 So.2d 1177, 1178 (Fla. 4th DCA 1981).
On remand, because the former wife very likely acquired a marital interest in the husband's premarital property, the trial court should consider whether the mortgage was serviced with marital funds, if there were perhaps improvements made with marital funds, and whether the value of the home may have appreciated during the marriage. Section 61.075(5)(a) 2 includes under marital assets "[t]he enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both." This statute states that in a contested dissolution action the distribution of all marital assets and liabilities whether equal or unequal shall include written findings of fact as to identification of nonmarital assets and ownership interests, identification of marital assets including the individual valuation of significant assets, and designation of which spouse is to get each asset, and additional stated elements. § 61.075(3). Such written findings are also needed if an appellate court is to carry on a meaningful review. See, e.g., Dyson v. Dyson, 597 So.2d 320, 324-25 (Fla. 1st DCA 1992).
Because the errors in the final judgment regarding transfer of title to residence and ultimate partition may have affected the other...
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...493 (Fla.1991); Herrera v. Herrera, 673 So.2d 143 (Fla. 5th DCA 1996). 5. § 61.075(1) and (3), Fla. Stat. (1997); Reyes v. Reyes, 714 So.2d 646, 647 (Fla. 4th DCA 1998); Lawrence v. Lawrence, 709 So.2d 192 (Fla. 3d DCA 1998); Herrera v. Herrera, 673 So.2d 143 (Fla. 5th DCA 6. § 61.075(1)(i)......
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Dorsett v. Dorsett
...error and requires remand for appropriate findings to be made." Whelan v. Whelan, 736 So.2d 732, 732; see, e.g., Reyes v. Reyes, 714 So.2d 646 (Fla. 4th DCA 1998). Therefore, we also remand this matter to the trial court to make the written findings § 61.075(3)(b) requires for purposes of f......
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Salituri v. Salituri, 4D15–1258.
...a foreclosure appeal. There was no pleading seeking partition and the husband did not acquiesce to it at trial. See Reyes v. Reyes, 714 So.2d 646, 647 (Fla. 4th DCA 1998).We remand to the circuit court to reconsider all issues except its jurisdiction and the fact that the marriage is irretr......
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Whelan v. Whelan, 98-0713.
...(1995)). Written findings are necessary for an appellate court to conduct a meaningful review of the final judgment. Reyes v. Reyes, 714 So.2d 646, 647 (Fla. 4th DCA 1998). Even when no trial transcript is provided to the reviewing court, "[f]ailure to make sufficient findings regarding val......
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Jurisdiction and venue
...may need to include a properly pleaded count for partition, depending on what district the action is filed in. [ See Reyes v. Reyes , 714 So. 2d 646 (Fla. 4th DCA 1998) (trial court erred in ordering eventual partition of property in dissolution of marriage action, because there was no plea......
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Pleadings and mandatory electronic filing
...in a separate count. This cause of action is governed by Chapter 64, Florida Statutes, which is strictly construed. [ Reyes v. Reyes, 714 So. 2d 646 (Fla. 4th DCA 1998) (trial court erred in ordering eventual partition of property in dissolution of marriage action, because there was no plea......