Chris A. Arnold appeals a final judgment of dissolution of marriage. Because the trial court improperly denied Mr. Arnold’s motion for continuance, we reverse the final judgment and remand this case for further proceedings.
This action began when Ms. Arnold, through counsel, filed a petition for dissolution of marriage on December 17, 2002. Mr. Arnold, also through counsel, filed an answer and • counterpetition. On May 23, 2003, the trial court approved the stipulation submitted by the parties’ counsel and set the case for the nonjury trial docket beginning the week of November 3, 2003.
On September 8, 2003, Mr. Arnold’s trial counsel, Robert Kennett, filed a motion for withdrawal of counsel. On October 13, 2003, the trial court entered its order allowing Mr. Kennett to withdraw and or
On November 3, 2003, Ms. Arnold and her counsel appeared before the trial court for the final hearing. Mr. Arnold did not appear, nor did counsel appear on his behalf. The trial court attempted to ascertain whether Mr. Arnold received notice of the final hearing. The record indicates that Ms. Arnold’s counsel informed the court that she telephoned Mr. Kennett’s office and spoke with Mr. Kennett’s paralegal, who indicated she had sent Mr. Arnold a copy of the notice of trial.
The transcript of the trial proceedings shows that when the judge contacted Mr. Arnold by telephone, Mr. Arnold told the court he did not know about the hearing, he never received notice of the hearing, and he was working in Pinellas County and could not make it to the Sarasota County Courthouse in time for the hearing. Mr. Arnold then requested a ten-day continuance. In denying Mr. Arnold’s request for continuance, the tidal judge specifically found that “the paperwork was sent to him.”
The trial court’s finding was erroneous. Unsworn statements cannot serve as the basis for a trial court’s factual determinations. “[U]nsworn statements do not establish facts.” Brown v. Sch. Bd.,
Reversed and remanded.
Notes
. Although the issue has not been raised in this appeal, we note that marital assets do not include appreciation in the value of nonmari-tal real property resulting from inflation and fortuitous market forces. See Straley v. Frank,
