GEORGE CONNER L. BROWN
v.
TARA LIN BROWN
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Durational alimony awards are affirmed when supported by the record, but attorney's fees awards and parenting time-sharing schedules must be supported by adequate factual findings to permit meaningful appellate review.
[1] In dissolution of marriage proceedings, an award of attorney's fees requires adequate factual findings on the record to permit meaningful appellate review.
[2] A parental time-sharing schedule established in an amended parenting plan must be supported by adequate factual findings pursuant to Florida Statute section 61.13(3) to p…
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Join FLexlaw to unlock all legal intelligenceGeorge and Tara Brown's marriage was dissolved by the trial court, which awarded the Wife durational alimony, a portion of attorney's fees and costs, …
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BADALAMENTI, Judge.
George Conner L. Brown (the Husband) appeals an award of durational alimony to Tara Lin Brown (the Wife). The Husband also appeals the trial court's order awarding the Wife a portion of the attorney's fees and costs she incurred during the parties' dissolution case. The Wife cross-appeals, challenging both the adequacy of the trial court's alimony award and the trial court's parental time-sharing schedule.
Because the record does not contain adequate factual findings as to the
Wife's entitlement to attorney's fees and costs, we reverse the trial court's order on attorney's fees and remand for the trial court to make the necessary findings in order to facilitate complete appellate review. See Perez v. Perez, 100 So. 3d 769, 771 (Fla. 2d
DCA 2012). Likewise, because the record does not contain adequate factual findings for this court to conduct meaningful appellate review of the parental time-sharing schedule, we reverse the amended parenting plan and remand for the trial court to make the necessary factual findings. See § 61.13(3), Fla. Stat. (2016); Clark v. Clark,
825 So. 2d 1016, 1017 (Fla. 1st DCA 2002). For each issue, we leave it to the discretion of the trial court as to whether it can resolve the issue on the current record or whether additional evidence is necessary. See Perez, 100 So. 3d at 773. We affirm all remaining portions of the final judgment of dissolution of marriage.
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.
CASANUEVA and SALARIO, JJ., Concur.
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Authorities Cited
- Clark v. Clark, 825 So. 2d 1016 (Fla. 1st DCA 2002)
- Perez v. Perez, 100 So. 3d 769 (Fla. 2d DCA 2012)