Steinfeld v. Steinfeld, 88-2617
| Decision Date | 20 December 1989 |
| Docket Number | No. 88-2617,88-2617 |
| Citation | 553 So.2d 774 |
| Parties | 15 Fla. L. Weekly D12 Michael A. STEINFELD, Appellant, v. Marcia L. STEINFELD, Appellee. |
| Court | Florida District Court of Appeals |
Peter J. Snyder, Boca Raton, for appellant.
Joel L. Kirschbaum of Esler & Kirschbaum, P.A., Fort Lauderdale, for appellee.
We reverse the trial court's post-judgment order directing the parties to equally divide the proceeds of two checks made payable to the parties jointly. In our view, the trial court lacked jurisdiction to order the parties to divide the proceeds of the checks.
In the instant case, the Wife petitioned the trial court to order the equal distribution of the proceeds of two checks which were issued to the parties jointly after the rendition of the final judgment of dissolution. The Husband objected, claiming that unless the parties intended the checks to be disposed of under the intangible personal property provisions of the final judgment, the court lacked jurisdiction to distribute the checks.
In Brandt v. Brandt, 525 So.2d 1017, 1019 (Fla. 4th DCA 1988), this court stated:
It is important to note that even a specific reservation of jurisdiction only empowers the court to deal with property rights and interests not previously settled by a final judgment. Further, a general reservation of jurisdiction is insufficient to permit the court to entertain questions concerning property rights not adjudicated in the final judgment. Thus, where there is no reservation of jurisdiction the court obviously has no authority to entertain a petition to modify the provisions of a final judgment adjudicating property rights. Mandy v. Williams, 492 So.2d 759 (Fla. 4th DCA 1986). The rule applies with equal force to a petition which is labelled as one for enforcement but which is, in actuality, an attempt to have the court determine an interest in a tenancy in common. Poling v. Tresidder, 373 So.2d 405 (Fla. 4th DCA 1979), and cases cited therein.
Although the two checks in the instant case were not specifically mentioned in the property settlement agreement or the final judgment, the Wife asserts that a provision of the property agreement and a reservation of jurisdiction in the final judgment gave the trial court jurisdiction to compel an equal division of the proceeds.
The final dissolution judgment contained the following reservation of jurisdiction:
Except as to the dissolution of marriage granted in this Judgment, this court specifically reserves jurisdiction of the entire matter to enter such further orders as may be equitable, appropriate and just. Further, each party is to take each and every reasonable and necessary action and conduct themselves in such a manner as to carry out the intent and purposes of this Judgment.
We disagree with the Wife's assertion that since her petition is only seeking an enforcement order, this reservation in the final judgment is sufficiently specific to permit the trial court to compel division of the checks. In actuality, the Wife is seeking a division of property not specifically addressed by the property settlement agreement or the final judgment.
We also reject the Wife's argument that the tax liability provision of the property settlement agreement gives the trial court jurisdiction to divide the IRS refund check proceeds. The tax liability provision of the property settlement agreement provides:
The parties agree to equally share in any deficiency assessments including penalties, interest, fines, costs, fees or tax liens arising out of any joint income tax returns previously filed by the parties as well as any damages or expenses whatsoever proximately caused thereby, excepting any deficiencies due to the horses or Colorado condominium, in which case said deficiencies would be the sole responsibility of the Husband.
Although the agreement provides that the parties will share tax liabilities equally, there is no indication that they intended to share tax refunds equally.
Finally, although the two checks did not exist at the time the final judgment of dissolution was entered, the right to the joint tax refund was obviously a right acquired during the marriage of the parties. As such, the joint tax refund check is a marital asset. But the circumstances giving rise to the source of funds for the second check cannot be gleaned from the record. If the right to the proceeds of the second check arose during the course of the marriage, then it was a marital asset...
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United States v. Wolas
...were not introduced in the litigation, but could or should have been , ... is settled once and for all ...." Steinfeld v. Steinfeld , 553 So. 2d 774, 776 (Fla. Dist. Ct. App. 1989) (emphasis added). See Smith v. Cahill , 141 So. 3d 1047, 1053 (Ala. Civ. App. 2013) (applying similar Alabama ......