Strickler v. Strickler, 548 So. 2d 740

R. John Westberry, Pensacola, for appellant.

Charles J. Kahn, Jr., of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellee.

PER CURIAM.

Wife appeals from a final judgment of dissolution of marriage arguing that the trial court erred by (1) failing to distribute to the wife any share in the properties held solely in the husband‘s name and (2) awarding the wife an insufficient amount of rehabilitative alimony.

Although the parties do not raise the issue on appeal, the final judgment purporting to dissolve their marriage is silent in this respect. Neither does it contain findings of fact or conclusions of law which would permit any kind of meaningful appellate review of the division of property in issue or the award of rehabilitative alimony.

Accordingly, the final judgment appealed from is reversed and remanded with instructions to the trial court to enter an amended final judgment dissolving the marriage, if such is supported by the evidence, and containing findings of fact supporting any division of assets or award of alimony. In fashioning the amended final judgment, the trial judge may wish to review the following authorities: section 61.075(1)(g), Florida Statutes (Ch. 88-98, Laws of Florida); Macaluso v. Macaluso, 523 So.2d 615 (Fla. 2d DCA 1988); Buttner v. Buttner, 484 So.2d 1265 (Fla. 4th DCA 1986); Turner v. Turner, 529 So.2d 1138 (Fla. 1st DCA 1988); Miceli v. Miceli, 533 So.2d 1171 (Fla. 2d DCA 1988) and Pardue v. Pardue, 518 So.2d 954 (Fla. 1st DCA 1988).

Reversed and remanded with instructions.

SMITH and MINER, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.

Case Details

Case Name: Strickler v. Strickler

Court Name: District Court of Appeal of Florida

Date Published: Aug 24, 1989

Citations: 548 So. 2d 740; 1989 WL 97710; 88-2401

Docket Number: 88-2401

Court Abbreviation: Fla. Dist. Ct. App.