Saxton v. Saxton, 82-2128

Decision Date09 May 1984
Docket NumberNo. 82-2128,82-2128
Citation454 So.2d 575
PartiesArnold Ray SAXTON, Appellant, v. Elizabeth J. SAXTON, Appellee.
CourtFlorida District Court of Appeals

Barbara J. Compiani of Edna L. Caruso, P.A., West Palm Beach, for appellant.

Donald J. Sasser of Johnston, Sasser, Randolph & Weaver, West Palm Beach, for appellee.

PER CURIAM.

This appeal stems from a final judgment of dissolution in which the trial court attempted to equitably distribute the parties' property. The major point on appeal involves the valuation of a piece of property in North Carolina. The final judgment specified a dollar figure and indicated that the valuation was derived from the husband's testimony. The record of his testimony, however, fails to support the court's finding. In an effort to clarify this issue, we remanded the cause to the trial court to determine whether its finding was derived from the totality of the evidence or solely from the husband's testimony. The trial court's responding order, entered with commendable candor, confirms the presence of irremediable confusion on this point. Since the valuation on the North Carolina property is integral to the court's entire plan of distribution, we believe that the interests of justice compel reversal of all aspects of the final judgment save the dissolution. Accordingly, the cause is remanded for retrial with the strong recommendation that the parties assist the trial court by providing expert testimony on the valuation of the various parcels of real property.

REVERSED AND REMANDED.

LETTS and HURLEY, JJ., and VOCELLE, L.B., Associate Judge, concur.

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8 cases
  • Gonzalez v. Barrenechea
    • United States
    • Florida District Court of Appeals
    • January 21, 2015
    ...part of the court's entire plan of distribution, confusion as to value requires reversal of the property award. Saxton v. Saxton, 454 So. 2d 575 (Fla. 4th DCA 1984). Or, in this case, the court determined that no award could be made because the Homeowner's expert admitted his data were base......
  • Dyson v. Dyson
    • United States
    • Florida District Court of Appeals
    • April 2, 1992
    ...as to value requires reversal of the property award." Ross v. Bandi, 566 So.2d 55, 56 (Fla. 4th DCA 1990). See also Saxton v. Saxton, 454 So.2d 575 (Fla. 4th DCA 1984). In this case, the parties had not made a valid separation agreement prior to filing this action and did not file any agree......
  • Nicewonder v. Nicewonder, 90-957
    • United States
    • Florida District Court of Appeals
    • July 28, 1992
    ...we reverse the distribution of assets and liabilities and remand for further proceedings. 589 So.2d at 1365. See also Saxton v. Saxton, 454 So.2d 575 (Fla. 4th DCA 1984) (where confusion existed as to the valuation of a piece of property and this valuation was integral to the trial court's ......
  • Cifrian v. Cifrian, 96-4053
    • United States
    • Florida District Court of Appeals
    • August 5, 1998
    ...and that valuation is not supported by the record. See Ross v. Bandi, 566 So.2d 55, 56 (Fla. 4th DCA 1990) (citing Saxton v. Saxton, 454 So.2d 575 (Fla. 4th DCA 1984)) ("when property valuation is an integral part of the court's entire plan of distribution, confusion as to value requires re......
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