Janet Starnes FULMER, Appellant,
v.
Hobson FULMER, Appellee.
District Court of Appeal of Florida, First District.
*1082 Thomas L. Powell of Powell & Mack, Tallahassee, for Appellant.
J. Gordon Shuler of Shuler & Shuler, Apalachicola, for Appellee.
PER CURIAM.
The former wife seeks review of the final judgment which dissolved her marriage to the former husband. The former wife raises several issues regarding the equitable distribution of property, and the denial of alimony and attorneys' fees. We affirm the dissolution of the parties' marriage and the denial of alimony, but reverse the award of equitable distribution and the denial of attorneys' fees, and remand to the trial court for further proceedings consistent with this opinion.
Section 61.075(3), Florida Statutes, requires a trial court to make written factual findings when determining the equitable distribution of property in a dissolution of marriage. These factual findings required by section 61.075(3) are necessary in order to facilitate effective appellate review of the trial court's property distribution scheme. See Shoffner v. Shoffner,
In the instant case, the trial court failed to make the requisite factual findings with regard to the equitable distribution of property and, likewise, failed to determine the parties' respective needs and ability to pay their attorneys' fees. We, therefore, reverse the equitable distribution of property and the denial of attorneys' fees and remand for further proceedings.
However, with regard to the denial of alimony, although the trial court did not make all of the requisite factual findings mandated by section 61.08, Florida Statutes, the denial was not in error. The age of the parties and the length of the marriage were not in dispute, and the trial court found that the appellant's contribution to the marriage was somewhere between negligible and extraordinary. The appellant was awarded three pieces of real property capable of producing rental income, earned approximately $36,000 per year, and was awarded a $330,000 equalizer payment by the trial court. Furthermore, the marriage of the parties lasted fourteen years, which is in the "grey area" between short-term and long-term marriages, and there is no presumption for or against alimony. See Zeigler,
Accordingly, we affirm the judgment of dissolution of marriage and the denial of alimony; however, we otherwise reverse *1083 the final judgment of dissolution of marriage due to the trial court's failure to make findings of fact in support of its equitable distribution of property and denial of attorneys' fees. We remand for factual findings as required by Chapter 61. If necessary, the trial court may hear additional evidence in order to make the required factual findings in support of its determinations. See Shoffner,
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
LEWIS, and HAWKES, JJ., concur.
KAHN, J., concurs with written opinion.
KAHN, J., concurring.
I concur in the judgment of the court reversing as to the equitable distribution and attorneys' fees. A final judgment of dissolution lacking in the statutorily-mandated findings regarding equitable distribution is nevertheless subject to harmless error analysis. See, e.g., Stern v. Stern,
The obligation to make findings may well be viewed as burdensome by some trial judges. Nevertheless, such a requirement serves the laudatory goals of avoiding arbitrary outcomes and facilitating efficient appellate review. Findings of fact are also required in cases of equitable distribution of marital assets under section 61.075, Florida Statutes (1997). Of note, the equitable distribution statute recognizes that such findings are necessary not only to facilitate review, but also "to advise the parties . . . of the trial court's rationale. . . ." § 61.075(3)(d), Fla. Stat. (1997).
McCarty v. McCarty,
