Robbie v. Robbie, 93-1525

Decision Date03 May 1995
Docket NumberNo. 93-1525,93-1525
Citation654 So.2d 616
Parties20 Fla. L. Weekly D1073 Dwyn Daniels ROBBIE, Appellant/Cross-Appellee, v. Joseph Michael ROBBIE, Appellee/Cross-Appellant.
CourtFlorida District Court of Appeals

Shelley M. Mitchell, Fort Lauderdale, for appellant/cross-appellee.

Alice Elizabeth Warwick of Warwick & Reynolds, P.A., Coral Gables, for appellee/cross-appellant.

ON MOTION FOR CLARIFICATION

PER CURIAM.

We withdraw our prior opinion and substitute the following in its place.

In this dissolution, the trial judge determined that the entire appreciation over the marriage of the corporation in which the husband was employed was non-marital and denied any equitable distribution of its appreciated value to the wife. We reverse this determination.

Michael Robbie was given a 9.5% share of the Miami Sports Corporation by his father prior to the marriage to his wife Dwyn. Miami Sports Corporation has an ownership interest in a number of entities including the Miami Dolphins. Michael's full-time occupation during the marriage was as general manager and executive vice president of the Dolphins and as officer and director of virtually all of the Robbie family entities. During the marriage the Dolphins and thus the Sports Corporation substantially increased in value.

Joe Robbie, Sr., was the president of the Dolphins and definitely in charge of the financial management of the team and the corporation. It was clear from the testimony that he made the significant decisions regarding the franchise. Michael, his brother Tim, and Don Shula all testified that Michael did not have any authority to make decisions for the organization. Based on this testimony, the trial court determined that any appreciation in the organization did not result from and was not attributable to either spouse. Therefore, the appreciation in Michael's share of the corporation was a non-marital asset.

Michael was held out to the world as the general manager of the Dolphins. While he may have not made the command decisions, the testimony indicates that he carried through with the details, such as the change of season ticketholders from the Orange Bowl to Joe Robbie Stadium. Certainly, his efforts contributed to the franchise and thus its overall success. Section 61.075(5)(a)(2), Florida Statutes (1993), should not be construed so narrowly as to preclude an interest in a closely held family corporation from being considered a marital asset, where the spouse is...

To continue reading

Request your trial
12 cases
  • Oxley v. Oxley
    • United States
    • Court of Appeal of Florida (US)
    • 19 d3 Fevereiro d3 1997
    ...E.g., Oldham v. Oldham, 683 So.2d 579 (Fla. 4th DCA 1996); Pagano v. Pagano, 665 So.2d 370 (Fla. 4th DCA 1996); Robbie v. Robbie, 654 So.2d 616 (Fla. 4th DCA 1995); Watford v. Watford, 605 So.2d 1313 (Fla. 4th DCA 1992); Pleas v. Pleas, 652 So.2d 435 (Fla. 1st DCA 1995); Dunagan v. Dunagan,......
  • Yitzhari v. Yitzhari
    • United States
    • Court of Appeal of Florida (US)
    • 27 d3 Julho d3 2005
    ...both," is a marital asset subject to equitable distribution. § 61.075(5)(a)2, Fla. Stat. (2003)(emphasis added); see Robbie v. Robbie, 654 So.2d 616, 617 (Fla. 4th DCA 1995)(holding that even carrying out the decisions of others relating to a nonmarital asset may constitute marital labor re......
  • Witt-Bahls v. Bahls
    • United States
    • Court of Appeal of Florida (US)
    • 20 d3 Abril d3 2016
    ...category to the marital one.The details of our prior case law make the answer to that question quickly apparent. In Robbie v. Robbie, 654 So.2d 616 (Fla. 4th DCA 1995), we held that the appreciation of stock owned by the general manager of the Miami Dolphins—a business enterprise run largel......
  • Vick v. Vick
    • United States
    • Court of Appeal of Florida (US)
    • 28 d5 Junho d5 1996
    ...husband's interest in Parker Glass during the parties' marriage, the increase should be considered marital property. Robbie v. Robbie, 654 So.2d 616, 617 (Fla. 4th DCA 1995). We remand for this IMPUTATION OF INCOME Both parties contest the trial court's imputation of income to each of them ......
  • Request a trial to view additional results
2 books & journal articles
  • Equitable distribution and property issues
    • United States
    • James Publishing Practical Law Books Florida Family Law and Practice - Volume 1
    • 30 d6 Abril d6 2022
    ...in value during marriage, enhanced value is marital even where husband may not be main decision maker in business); Robbie v. Robbie, 654 So. 2d 616 (Fla. 4th DCA 1995) (where family business for whom husband works enhances in value during marriage, enhanced value is marital even if spouse ......
  • A seven-step analysis of equitable distribution in Florida.
    • United States
    • Florida Bar Journal Vol. 73 No. 5, May 1999
    • 1 d6 Maio d6 1999
    ...the character of the underlying nonmarital property does not change, but the appreciation is a marital asset. In Robbie v. Robbie, 654 So. 2d 616 (Fla. 4th DCA 1995), the appellate court considered the husband's family's corporation. Although the corporation itself was nonmarital property, ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT