FRANK M. ROMANO, APPELLANT,
v.
ALLISON A. ROMANO, APPELLEE
Explore caselaw by topic → Browse Special Equity In Marital Property cases and more on FLexlaw
COBB, Judge.
The judgment of dissolution of marriage is reversed, except for that portion dissolving the marriage, based upon the trial court’s failure to make specific findings of fact mandated by subsection 61.08(1), Florida Statutes. See Kennedy v. Kennedy, 622 So. 2d 1033 (Fla. 5th DCA 1993)(en banc); Plyler v. Plyler, 622 So. 2d 573 (Fla. 5th DCA 1993). In particular, the trial court should make specific findings of fact relative to the award to the wife of a special equity in the marital home, see Robertson v. Robertson, 593 So. 2d 491 (Fla.1991); Woodard v. Woodard, 634 So. 2d 782 (Fla. 5th DCA 1994), and in ordering the husband to pay the wife’s attorney’s fees and costs. Plyler. We note the apparent lack of a trial transcript. The trial court may make the requisite findings from its notes, if any, or from a stipulated statement of facts, if the parties can reconstruct the hearing. If neither of these alternatives is available, then an evidentiary hearing should be held.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.
THOMPSON and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McMULLAN v. McMULLAN, 710 So. 2d 1045 (Fla. 5th DCA 1998)…he court found it had no real knowledge. This judgment is not renewable in its present form because it lacks the type of findings necessary for meaningful appellate review. See Holmes v. Holmes, 709 So. 2d 166 (Fla. 5th DCA 1998); Romano v. Romano, 690 So. 2d 751 (Fla. 5th DCA 1997); Brooks v. Brooks, 678 So. 2d 1368 (Fla. 1st DCA 1996); Goosby v. Goosby, 614 So. 2d 692 (Fla. 1st DCA 1993). We also note that an order which is not clear and definite is insufficient to support enforcement or contempt proceedin…
Authorities Cited
- Robertson v. Robertson, 593 So. 2d 491 (Fla. 1991)
- Woodard v. Jaymie Sands Woodard, 634 So. 2d 782 (Fla. 5th DCA 1994)
- Kennedy v. Kennedy, 622 So. 2d 1033 (Fla. 5th DCA 1993)
- Heidelburg v. State, 622 So. 2d 573 (Fla. 2d DCA 1993)