255 So. 3d 877
Fla. Dist. Ct. App.2018Background
- Former Husband (Kevin Garrison) and Former Wife divorced after trial; dispute involved closely held business Garrison’s Prosthetic Services (GPS).
- Trial court found GPS was a marital asset and awarded each party a 50% ownership interest.
- The trial court expressly declined to assign a monetary value to GPS.
- Record indicates acrimony and that the parties did not want to continue in business together; Former Wife alleged Former Husband terminated her employment, denied account access, and controlled GPS.
- Former Husband appealed the valuation and distribution; Former Wife argued affirmance because no trial transcript was provided to the appellate court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court may split ownership of a closely held business 50/50 forcing post-divorce co-ownership | Garrison argued the distribution and lack of valuation were erroneous | Garrison contended error; Wife argued affirmance due to no transcript | Court reversed: equal co-ownership that forces spouses to remain together is an abuse of discretion where they will not work together |
| Whether trial court must value a marital business in its written findings | Garrison argued court erred by not valuing GPS | Wife argued record inadequacy prevents review (no transcript) | Court reversed: statute requires specific written findings identifying and valuing marital assets; declining to assign value was error |
Key Cases Cited
- Kovalchick v. Kovalchick, 841 So. 2d 669 (Fla. 4th DCA 2003) (standard of appellate review for equitable distribution)
- Wofford v. Wofford, 20 So. 3d 470 (Fla. 4th DCA 2009) (failure to provide transcript normally results in affirmance absent facial error)
- Lift v. Lift, 1 So. 3d 259 (Fla. 4th DCA 2009) (forcing former spouses to remain in business together creates an intolerable situation)
- Novak v. Novak, 429 So. 2d 414 (Fla. 4th DCA 1983) (court should avoid awarding joint ownership when spouses will not cooperate)
- Manolakos v. Manolakos, 871 So. 2d 258 (Fla. 4th DCA 2004) (parties who do not want to continue working together should not be compelled to do so)
- Menendez v. Rodriguez-Menendez, 871 So. 2d 951 (Fla. 3d DCA 2004) (error to leave parties as joint owners without proper valuation)
- Crooks v. Crooks, 967 So. 2d 969 (Fla. 4th DCA 2007) (failure to make statutorily required findings requires reversal)
- Whelan v. Whelan, 736 So. 2d 732 (Fla. 4th DCA 1999) (facial equitable-distribution error requires reversal even without transcript)