Jordan v. Jordan
199 So. 3d 343
| Fla. Dist. Ct. App. | 2016Background
- Former spouses litigated dissolution; this Court previously reversed and remanded for correction of the equitable distribution schedule (Jordan v. Jordan).
- On remand a successor judge held a two-day hearing focused on recalculating equitable distribution, household expenses, an IRS tax liability, child support, alimony, and attorney’s fees.
- The trial court entered an amended final judgment nunc pro tunc adopting a revised equitable distribution schedule and reading in prior findings unless inconsistent.
- The amended schedule resulted in a net payment to the former husband and the court left most prior awards (alimony, child support, arrearages, attorney’s fees) intact.
- The former husband appealed, raising multiple issues; the appellate court found three meritorious errors and affirmed the remainder to prevent relitigation.
Issues
| Issue | Husband's Argument | Wife's Argument | Held |
|---|---|---|---|
| Lexus lease return fees (marital liabilities) | Fees are marital liabilities that must be identified and equally allocated in the equitable distribution schedule | Fees were addressed as household expenses or otherwise accounted for | Reversed and remanded: trial court must revise the schedule, show where fees are allocated, or justify not sharing them |
| Permanent alimony — required statutory finding | Alimony should be re-evaluated after redistribution | No change needed because husband received more in revised distribution; trial court re-adopted original alimony findings | Affirmed as to substance of award, but reversed and remanded to make the mandatory statutory finding that no other form of alimony is fair and reasonable |
| $13,000 attorney’s fees for wife’s prior counsel | Fees are owed and should be added to husband’s obligations | Fees lack evidentiary support (no affidavits or testimony establishing hours/rates) | Reversed: award of $13,000 was an abuse of discretion for lack of proof; other fee awards affirmed |
| Other financial issues (child support, tutoring, taxes, mortgage overpayment, etc.) | Various challenges to computations and liabilities | Court re-evaluated these on remand and left most awards unchanged | Affirmed; no relitigation of these matters allowed |
Key Cases Cited
- Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980) (standard of review for dissolution judgments and abuse of discretion)
- Jordan v. Jordan, 127 So.3d 794 (Fla. 4th DCA 2013) (prior reversal and remand to correct equitable distribution)
- Brennan v. Brennan, 184 So.3d 583 (Fla. 4th DCA 2016) (court may adjust distribution after revaluation to reach equitable result)
- Winder v. Winder, 152 So.3d 836 (Fla. 1st DCA 2014) (requirement that trial court explicitly find no other form of alimony is fair and reasonable)
- Moore v. Kelso-Moore, 152 So.3d 681 (Fla. 4th DCA 2014) (fee awards require evidentiary support for hours and rates)