Wallace v. Wallace
2010 Fla. App. LEXIS 16344
| Fla. Dist. Ct. App. | 2010Background
- Marion Wallace (Husband) appeals a final dissolution of marriage to Melba Wallace (Wife) in the Florida Second District Court of Appeal.
- The court affirms the dissolution but reverses the remainder of the judgment and remands for further findings.
- Husband argues the trial court failed to (i) make necessary findings on Wife's income, (ii) properly value and distribute assets and liabilities with adequate findings, and (iii) support attorney's fees with findings on hours and rate.
- The challenged issues rely on statutory and case law requiring explicit factual findings to support income, asset valuation, distribution, and fee awards.
- The opinion notes remand may alter award types/amounts and potential alimony, despite the parties having limited assets.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Income finding sufficiency | Wallace asserts Wife's income lacks supported findings. | Wallace contends the court did not base income on competent evidence. | Remand for explicit income-findings required. |
| Unequal asset distribution and valuation | Wallace contends unequal distribution lacks valuation date and specific justification. | Wallace argues the distribution must be supported by written findings. | Remand for valuation-date and explicit distribution findings required. |
| Attorney's fees findings | Wallace challenges fees without findings on hours and rate. | Wallace asserts fee award lacks proper support. | Remand for detailed fee findings required. |
Key Cases Cited
- Lin v. Lin, 37 So. 3d 941 (Fla. 2d DCA 2010) (income must be supported by competent, substantial evidence)
- Rogers v. Rogers, 12 So. 3d 288 (Fla. 2d DCA 2009) (require specific findings for entitlement, amount, and payment of fees)
- McCants v. McCants, 984 So. 2d 678 (Fla. 2d DCA 2008) (alimony based on unsupported income requires reversal)
- Pavese v. Pavese, 932 So. 2d 1269 (Fla. 2d DCA 2006) (final dissolution must include written findings identifying, valuing, and distributing assets and liabilities)
- Pignataro v. Rutledge, 841 So. 2d 636 (Fla. 2d DCA 2003) (final dissolution requires specific written asset valuations and justification for unequal distribution)
- Walker v. Walker, 818 So. 2d 711 (Fla. 2d DCA 2002) (insufficient factual findings on alimony require reversal)