James Robert NOE, II, Appellant,
v.
Kathleen J. NOE, Appellee.
District Court of Appeal of Florida, Second District.
Clyde H. Wilson of Wilson, Wilson, Namack & Jaffer, Sarasota, for appellant.
C. Eugene Jones of Ginsburg, Bryd & Jones, Sarasota, for appellee.
BOARDMAN, Acting Chief Judge.
James Robert Noe II (the husband) appeals portions of the final judgment of dissolution of his marriage to Kathleen J. Noe (the wife) as modified on rehearing. We affirm in part and reverse in part.
One of the provisions of the judgment that the husband challenges is the requirement that he maintain in effect unencumbered an existing life insurance policy in the face amount of $50,000 and leave the wife as designated beneficiary until his child support ($2500 per year per minor child) and alimony (permanent periodic alimony of $21,000 per year terminable on the wife's death or remarriage) obligations terminate. The husband relies on Mahan v. Mahan,
*658 We conclude that Mahan is not necessarily controlling here, since the facts in the case before us suggest that the trial court may have intended this provision as lump sum alimony. Lump sum alimony may be awarded as a means of insuring an equitable distribution of property acquired during the marriage, Canakaris v. Canakaris,
Because we are uncertain as to the trial court's intent as to this provision, we remand on this point. On remand, the trial court may take additional evidence or entertain further argument. Eagan v. Eagan,
One other point raised by the husband has merit. One of the assets awarded to the wife as lump sum alimony was the automobile she had been driving, which was titled in the name of one of the husband's corporate businesses. Inasmuch as the corporation was not joined as a party to the dissolution proceedings, the trial court did not have the authority to order the property transfer in question, and this provision is therefore vacated. Feldman v. Feldman,
We find the remaining points raised by the husband to be without merit.
Accordingly, the final judgment of dissolution is affirmed in part and reversed in part and the cause remanded for further proceedings consistent with this opinion.
DANAHY and SCHOONOVER, JJ., concur.
