ARTHUR SALM, APPELLANT,
v.
CARLA-RAE SALM, APPELLEE

Fla. 4th DCA | 2008-02-27
No. 4D06-3691
SHAHOOD, C.J., and POLEN, J., concur.
975 So. 2d 583 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 4 cases

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Holding

The appellate court affirmed the trial court's judgment but remanded for correction of an error in an equitable distribution chart and clarification of a handwritten clause regarding home expenses.


Facts & Procedural History

The former husband and wife appealed aspects of a dissolution judgment concerning asset distribution, income classification, home maintenance expenses…

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Opinion of the Court
MAY, J.

MAY, J.

The former husband appeals an Amended Final Judgment entered in the dissolution of his marriage; the former wife cross-appeals. Each former spouse raises multiple issues concerning the trial court’s distribution of assets, classification of income, assessment of expenses for the maintenance of the marital home pending its sale, and attorney’s fees. We have reviewed each issue and find no error in the trial court’s order with the exception of two areas in need of correction or clarification on which both parties agree. We therefore affirm the final judgment, but remand the case for the trial court to address the following two issues.

First, the former wife argues the trial court included an equitable distribution chart in the Amended Final Judgment that transposed postpetition activity. The former husband agrees and advises that this error is the subject of his pending motion to correct errors. For that reason, we remand the case to the trial court to address the former husband’s motion.

Second, the former spouses agree that a handwritten clause in the Amended Final Judgment concerning responsibility for repairs to the marital home creates an ambiguity or inconsistency. Specifically, the trial court ordered the husband pay the expenses on the marital home that he occupies until the home is sold, and the handwritten clause directs the parties to split litigation expenses/repairs. We find no error in the trial court’s decision to order the former husband to bear the household expenses and repairs, but remand the case to the trial court to clarify the identified sentence.

Affirmed but remanded for correction and clarification.

SHAHOOD, C.J., and POLEN, J., concur.


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Citator

Cited By

  • Wright v. Hendon O. Wright, III, 135 So. 3d 1142 (Fla. 5th DCA 2014)
    …awards of attorney’s fees and child support in light of reduction of alimony award). The former wife also argues that the final judgment is inconsistent. Ambiguities in a final judgment can require remand for clarification. See, e.g., Salm v. Salm, 975 So. 2d 583, 583 (Fla. 4th DCA 2008) (remanding for trial court to clarify ambiguity in final judgment); T.P. v. Dep’t of Children & Families, 954 So. 2d 677, 681 (Fla. 5th DCA 2007) (remanding for clarification of inconsistent order). In the in- [*1146] stant…
  • Johnson v. Crews, 133 So. 3d 1080 (Fla. 1st DCA 2014)
    …PER CURIAM. AFFIRMED. See Head v. McNeil, 975 So. 2d 583, 585 (Fla. 1st DCA 2008); Canete v. Fla. Dep’t of Corr., 967 So. 2d 412, 415 (Fla. 1st DCA 2007). LEWIS, C.J., BENTON, and SWANSON, JJ., concur.…
  • Jones v. Fla. Parole Comm'n, 48 So. 3d 704 (Fla. 2010)
    …. I do not share Justice Canady’s concern that this interpretation of section 95.11(5)(f) reads the statutory limitation out of existence. The one-year limitation applies to other extraordinary writs, including writs of mandamus. See Head v. McNeil, 975 So. 2d 583 (Fla. 1st DCA 2008) (applying section 95.11(5)(f) to a prisoner’s petition for writ of mandamus); Canete v. Fla. Dep’t of Con., 967 So. 2d 412 (Fla. 1st DCA 2007) (same).…

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