David v. David
2011 Fla. App. LEXIS 3985
Fla. Dist. Ct. App.2011Background
- Husband Alberto David appeals a final dissolution judgment dissolving his marriage to Loretta David; no children, all issues were financial.
- Each party submitted a proposed final judgment; trial court entered a judgment substantially similar to the wife’s but not verbatim.
- Husband argues multiple errors: findings of fact, property distribution, special equity, alimony, life insurance, and attorney’s fees.
- Court addresses authority to unequal distribution under Florida statute and analyzes proportional liability for marital debt.
- Court reverses in part, affirms in part, and remands for reconsideration of equitable distribution and related rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the final judgment violated independence of judgment | David claims the court adopted wife’s judgment verbatim. | David asserts lack of independent judicial discretion. | No reversible error; judgment reflects independent judgment. |
| Whether the court erred by insufficient findings of fact | David contends final judgment lacks adequate findings. | David contends findings were inadequate. | Error not preserved for review; no reversal on this basis. |
| Whether unequal distribution of marital debt was appropriate | David argues debt should be allocated by income alone. | David argues unequal distribution was proper under circumstances. | Distribution reversed; disparate earning ability alone cannot justify unequal debt allocation. |
| Whether wife’s special equity in the marital residence was proper | David challenges the wife’s special equity award. | David contends the residence should not bear a special equity award to wife. | Special equity award removed; presumption of marital property unaffected. |
| Whether life insurance requirement and alimony order were proper | David challenges life-insurance security and contends alimony terms. | Loretta defends alimony and related security provisions. | Life-insurance obligation stricken; alimony award upheld as to amount. |
Key Cases Cited
- Ross v. Botha, 867 So.2d 567 (Fla. 4th DCA 2004) (final judgments adopted substantially but not verbatim do not imply reversible error)
- Belford v. Belford, 51 So.3d 1259 (Fla. 2d DCA 2011) (unequal distribution may be approved when misconduct shown)
- Santiago v. Santiago, 51 So.3d 637 (Fla. 2d DCA 2011) (evidence of misconduct supports unequal distribution)
- Dease v. Dease, 688 So.2d 454 (Fla. 5th DCA 1997) (disparate earning cannot, without more, justify unequal distribution)
- Zangari v. Cunningham, 839 So.2d 918 (Fla. 2d DCA 2003) (marital home presumed marital; gift evidence required to overcome presumption)
- Garcia v. Hernandez, 947 So.2d 657 (Fla. 3d DCA 2007) (non-marital funds toward purchase of marital home does not prove lack of intended gift)
- Lovell v. Lovell, 14 So.3d 1111 (Fla. 5th DCA 2009) (no rehabilitative plan evidenced; alimony findings depend on record)
- Rashid v. Rashid, 35 So.3d 992 (Fla. 5th DCA 2010) (life-insurance security may be inappropriate absent evidence)
- Noah v. Noah, 491 So.2d 1124 (Fla. 1986) (remand for reevaluation of equitable distribution consistent with ruling)
- Van Den Berg v. Van Den Berg, 49 So.3d 283 (Fla. 5th DCA 2010) (remand for fair distribution in light of appellate opinion)