Lacoste v. Lacoste
58 So. 3d 404
Fla. Dist. Ct. App.2011Background
- Jennifer Carrion LaCoste appealed a final dissolution judgment involving a 159-acre land tract owned by Stephen Scott LaCoste acquired before marriage.
- The trial court classified the land as a marital asset and distributed it entirely to the former husband, prompting the appeal.
- LaCoste argued the land was non-marital, asserting she received a one-half interest via quitclaim deed after filing for dissolution, or that the land became marital only if conveyed jointly.
- The trial court found the land became marital when the husband conveyed it to both parties jointly, and made specific statutory-factor findings supporting an unequal distribution to the husband.
- The land value was approximately $925,000 as of July 2008; the marriage lasted less than two years, supporting a disparity in distribution.
- The trial court also set the former husband's child support at $596 per month, relying on the parties' affidavits and resolving evidentiary conflicts in the husband's favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the land is a marital asset. | LaCoste contends the land is non-marital due to the quitclaim and timing. | LaCoste argues the land became marital when conveyed jointly to both parties. | Land became marital; affirmed. |
| If marital, whether unequal distribution to the husband was justified. | LaCoste seeks equal or different treatment; argues misapplication of factors. | Court properly applied §61.075(1) with factors (c) and (g) to justify disparity. | Court's unequal distribution to husband upheld. |
| Whether the trial court abused discretion in calculating child support. | Disputes the methodology and income figures used to determine guidelines. | Court reasonably resolved conflicts in the husband's favor and followed guidelines. | No abuse; support upheld. |
Key Cases Cited
- Boutwell v. Adams, 920 So.2d 151 (Fla. 1st DCA 2006) (specific findings justify disparity in asset distribution)
- Wilson v. Wilson, 992 So.2d 395 (Fla. 1st DCA 2008) (abuse of discretion standard for distribution of marital assets)
- Shaw v. Nelson, 4 So.3d 740 (Fla. 1st DCA 2009) (child support determined with deference to statutory guidelines)
- Quinnell v. Platt, 23 So.3d 746 (Fla. 1st DCA 2009) (preservation of issues requires proper presentation below)
- Batie v. Batie, 31 So.3d 939 (Fla. 1st DCA 2010) (estoppel effects when positions conflict with prior trial court findings)