FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, APPELLANT,

v.

FLORIDA SUGAR CANE LEAGUE, INC., APPELLEE

Citator

Cited By (20 total)

• Adkins v. Adkins, 650 So. 2d 61 (Fla. 3d DCA 1994)
  …f the enhanced value was exempt from distribution [as a marital asset] because ‘unrelated to either party’s management, oversight, or other contribution, but instead due solely to purely passive appreciation of the original asset.’ ” Young v. Young, 606 So. 2d 1267, 1270 (Fla. 1st DCA 1992); see also England v. England, 626 So. 2d 330, 333 (Fla. 1st DCA 1993) (quoting from Sanders, 547 So. 2d at 1016).1 In the instant case, it will therefore be the husband’s burden on remand to show what part, if any, of the m…
• Stevens v. Stevens, 651 So. 2d 1306 (Fla. 1st DCA 1995)
  …ble distribution of marital assets should take into account the appreciated value of a non-marital asset caused by the expenditure of marital funds or labor, including the parties’ management, oversight, or contribution to principal, Young v. Young, 606 So. 2d 1267, 1270 (Fla. 1st DCA 1992); Massis v. Massis, 551 So. 2d 587, 589 (Fla. 1st DCA 1989), as well as an appropriate portion of any appreciation of a non-marital asset caused by the effects of inflation and market conditions, where “some portion of the c…
• Yitzhari v. Eli Yitzhari, 906 So. 2d 1250 (Fla. 3d DCA 2005)
  …ital labor was used, the burden falls to the party claiming that the increase is nonmarital to establish whether any part of the increase was the result of passive market conditions and, thus, is exempt from equitable distribution”); Young v. Young, 606 So. 2d 1267, 1270 (Fla. 1st DCA 1992)(confirming that a trial court cannot refuse to distribute the appreciated value of a nonmarital asset improved by marital labor or funds “because the [non-owner spouse] ha[s] not established how much the improvements enhanc…

Authorities Cited

• Wait v. Fla. Power & Light Co., 372 So. 2d 420 (Fla. 1979)