Steiner v. SteinerSteiner v. Steiner
In the pretrial stipulation, the parties agreed that the “[m]arital residence [was] to be sold, and [the] equity or deficit divided equally between the parties.” Immediately before the commencement of the final hearing, the parties’ attorneys told the trial court that they had agreed that the marital home should be sold, and the net proceeds or deficit divided equally. During the final hearing, the trial court indicated that it intended to observe the parties’ agreement regarding the marital home. However, in the final judgment, the trial court awarded the home to the husband, apparently as a part of its scheme of equitable distribution.
The award of the marital home is of concern to the husband because both parties testified that it was worth less than the outstanding mortgage of $64,000.00. However, they differed significantly regarding how much less than the mortgage the home was worth. The wife testified that the home was worth approximately $63,000.00; while the husband testified that the home was worth only about $40,000.00. The final judgment awards the home to the husband, but makes no findings regarding the value of the home. As a result, it is impossible to determine whether the assets and liabilities of the parties were equitably distributed.
“A stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court.” Gunn Plumbing, Inc. v. Dania Bank, 252 So.2d 1, 4 (Fla. 1971). Such a stipulation “must not be disturbed unless found to be ambiguous or in need of clarification, modification or interpretation.” Bissell v. Bissell, 622 So.2d 532, 533 (Fla. 1st DCA 1993). Here, the trial court offered no reason for its failure to observe the parties’ stipulation regarding the marital home; neither party requested that the stipulation be disregarded; and it is clear that there is nothing ambiguous about the stipulation. Accordingly, it was error not to observe the stipulation, and to incorporate it into the final judgment.
The wife concedes that the trial court erred when it failed to observe the stipulation. However, she argues that the error was harmless. We are unable to agree.
Reversal of the trial court‘s treatment of the marital home requires that all financial aspects of the final judgment likewise be reversed. E.g., Leventhal v. Leventhal, 606 So.2d 1271 (Fla. 1st DCA 1992); Sweeney v. Sweeney, 583 So.2d 398 (Fla. 1st DCA 1991). On remand, the trial court is directed to observe the parties’ stipulation regarding the marital home, and then to distribute equitably the remaining marital assets and liabilities according to the requirements of
The trial court also awarded to the wife what appears to be rehabilitative alimony, although it is not expressly denominated as such. For the benefit of the trial court on
Those portions of the final judgment dissolving the marriage of the parties, awarding to the wife the primary residence of the parties’ child, establishing a visitation schedule, awarding shared parental responsibility and restraining the parties from bothering each other are affirmed. In all other respects, the final judgment is reversed, and the case remanded to the trial court for further proceedings consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
MINER and DAVIS, JJ., concur.