Van Boven v. Van Boven, 83-1740
| Decision Date | 15 August 1984 |
| Docket Number | No. 83-1740,83-1740 |
| Citation | 453 So.2d 937 |
| Parties | Peggy VAN BOVEN, Appellant, v. Dr. John VAN BOVEN, III, M.D., Appellee. |
| Court | Florida District Court of Appeals |
Kahn & Gutter, Fort Lauderdale, and Peter S. Broberg of Coe & Broberg, Palm Beach, for appellant.
Jonathan L. Gaines of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee.
This is an appeal from a final judgment of dissolution. We approve all of the awards of the trial court except the trial court's failure to make any provision for an equitable distribution of the assets accumulated by the parties during the course of the marriage or to make findings justifying the lack of such a provision. Tronconi v. Tronconi, 425 So.2d 547 (Fla. 4th DCA 1982). On the record before us it appears that the wife was entitled to some distribution of the marital assets held in the husband's name since it appears to be undisputed that those assets were accumulated during the marriage and the wife was without assets at the time of dissolution. We decline to make any assessment as to what distribution, if any, should take place, but instead remand this cause with directions that the court make some equitable distribution of the assets accumulated during the marriage. Conner v. Conner, 439 So.2d 887 (Fla.1983). The trial court, in its discretion, may direct the receipt of further evidence or arguments from the parties or may resolve the matter on the existing record.
Accordingly, we affirm in part, reverse in part and remand this cause for further proceedings in accord herewith.
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Shepherd v. Shepherd
...silent about equitable distribution and fails to mention the husband's pension fund and his partnership interest. Van Boven v. Van Boven, 453 So.2d 937 (Fla. 4th DCA 1984), and Smith v. Smith, 487 So.2d 339 (Fla. 4th DCA 1986), stand for the principle that it is error for the trial court no......
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Barrs v. Barrs, BM-434
...courts have stated that a trial court cannot ignore a request for equitable distribution in a marriage dissolution. Van Boven v. Van Boven, 453 So.2d 937 (Fla. 4th DCA 1984). The matter should be given good faith consideration and if the trial judge concludes that no equitable distribution ......
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Danoff v. Danoff, s. 85-2158
...distribution of the marital assets. Nor did the court make any findings to justify the lack of such provision. See Van Boven v. Van Boven, 453 So.2d 937 (Fla. 4th DCA 1984). In Van Boven v. Van Boven, supra, this court remanded the matter to the trial court, holding that the wife was entitl......
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O'Leesky v. Liggett, 88-02050
...See Miceli v. Miceli, 533 So.2d 1171 (Fla. 2d DCA 1988); Danoff v. Danoff, 501 So.2d 1361 (Fla. 4th DCA 1987); Van Boven v. Van Boven, 453 So.2d 937 (Fla. 4th DCA 1984). Without these findings, we cannot assess the propriety of the final We approve the final judgment except as to the provis......