Coll v. Coll

507 So. 2d 1140, 12 Fla. L. Weekly 1165, 1987 Fla. App. LEXIS 8076
CourtDistrict Court of Appeal of Florida
DecidedMay 5, 1987
DocketNo. 86-1777
StatusPublished
Cited by1 cases

This text of 507 So. 2d 1140 (Coll v. Coll) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coll v. Coll, 507 So. 2d 1140, 12 Fla. L. Weekly 1165, 1987 Fla. App. LEXIS 8076 (Fla. Ct. App. 1987).

Opinion

PER CURIAM.

The parties to this appeal were married in 1962. At that time neither party had any appreciable assets. They conceived the idea of commencing a development motivation program, which over the years became immensely successful, financially earning as much as $800,000 plus in the years immediately preceding the parties’ separation. Both parties, through their efforts, developed this successful business which was conducted under an umbrella corporation known as Wayshowers, Inc. This corporation paid both the parties’ living expenses, which permitted them an expensive life style and also permitted them to purchase some twenty-six real properties throughout the world which were titled in the parties’ individual names. At the time of the proceedings in the trial court these properties had an equity value of at least $2,300,000. In the final judgment of dissolution of marriage, the trial court made the following findings of fact and adjudications:

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“5. Immediately preceding and during their marriage, Mary Coll and Francisco Coll developed and established a business called American Leadership College, Inc. Each of the parties contributed on a 50-50 basis to the creation and development of the business.
6. The Wife, Mary Annette Coll, wrote all the books, pamphlets, programs, etc., and attended to the administration of the business. The Husband, Francisco Coll, attended to the spiritualistic aspects of the business and performed most of the public speaking engagements. Between the years 1968 and 1977, the yearly income of the Colls amounted to approximately $750,000. During this time period, the parties also acquired equities in their jointly owned properties, both in and outside the United States, the equity in which amounts to approximately $2.1 to $2.7 million dollars. Thereafter, there was a decline in the business income due to Francisco Coil’s failure to keep up with his duties and responsibilities in the business.
7. The joint properties owned by Petitioner and Respondent are located in: New Braunfels, Texas; Freedom, California; Salsibury, Pennsylvania; Washington, D.C.; Santurce and Guaynabo, Puerto Rico; Altamonte Springs, Florida; Miami Lakes, Florida; Pugwash, Nova Scotia; Warrenton, Virginia and Osceola, Iowa (including 624 North Main Street, Osceola, Iowa; 431 N. Main Street, Osceola, Iowa; 216 South Fillmore, Osceola, Iowa; 40 acre farm at Route 5, Box 10, Osceola, Iowa; 85 acre farm, Route 5, Box 10, Osceola, Iowa and hotel at 702 North Main Street, Osceola, Iowa). Additionally, Respondent owns a 4,000-acre parcel in Australia, the value of which has not been disclosed.
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10. Petitioner was forced to use inheritance money approximating $12,000 to $15,000 which she received from her fa[1142]*1142ther as a basis of support. Petitioner also made numerous efforts to obtain employment, though unsuccessful. Respondent, on the other hand, is currently employed by the American Leadership College. He is also receiving all of the rents on the properties jointly owned by Petitioner and Respondent.
11. Both Mary Coll and Francisco Coll have provided the Court with sufficient evidence as to the current value of their respective assets, including the real property which they jointly own both within and without the United States.
12. The evidence has established that numerous of the properties owned by Petitioner and Respondent are only used periodically, if at all, each year. Among such properties is the Altamonte Springs house located at 809 Underoaks Drive, Altamonte Springs, Florida 32701, and is more fully described as follows:
Lot 12, less the West 11 feet thereof, UNDEROAKS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 14, Page 98 of the Public
Records of Seminole County, Florida. The facts have established that this property is not essential to Francisco Coil’s current business. This house is only used once or twice a year, if that, to hold seminars. The number of persons in attendance at these seminars are generally 12 or less. Therefore, these seminars could easily be held at another location for little or no expense.
Conclusions of Law
1. Based on the above facts, the Court concludes that Petitioner is entitled to lump sum alimony in the sum of $600,-000. This Court has jurisdiction to award Petitioner, Mary Coll, lump sum alimony. Moreover, an expert’s evaluation of the parties property values is not a prerequisite to the Court’s awarding Petitioner, Mary Coll, lump sum alimony. The Florida Supreme Court stated that lump sum alimony may be awarded to ensure equitable distribution of property acquired during the marriage as long as there is some justification for the award and the paying spouse is financially able to make the payments without threatening his economic status. See, Robinson v. Robinson, 403 So.2d 1306 (Fla.1980), citing Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). The facts of this case clearly demonstrate that Petitioner is entitled to an award of lump sum alimony.
Petitioner has contributed at least 50%, if not more, to the business established by herself and Respondent. Accordingly, Petitioner has a special equity in said business. This special equity can only be satisfied by the award of lump sum alimony to Petitioner since it is impossible for Petitioner to continue to work with Respondent in the business.
The facts also demonstrate that justice and equity can only be achieved between the parties by awarding Petitioner lump sum alimony. Respondent has continuously failed to pay Petitioner the full amount of temporary alimony. Respondent has also failed to pay petitioner rent income from their jointly owned properties. Thus, Petitioner has been forced to use her inheritance from her father as a means of survival. However, this source of income has been completely drained and Petitioner is in immediate need of lump sum alimony in order to survive. Accordingly, it is not feasible in the instant case to leave Petitioner in the position of receiving periodic alimony from Respondent. Respondent, Francisco Coll, has already clearly demonstrated that he will not pay Mary Coll any monies unless forced to do so by Motions for Contempt of Court.
2. Respondent has failed to establish that his payment of lump sum alimony would be “ruinous” to him. See, Reid v. Reid, 68 So.2d 821 (Fla.1953); Yandell v. Yandell, 39 So.2d 554 (Fla.1949). Many of the properties currently owned by Mary Coll and Francisco Coll are used on a periodic basis only. Moreover, Francisco Coll is the only party who is and has been receiving income from said properties. He is also the only party receiving income from the business established by both parties. Accordingly, it is clear that [1143]*1143in the interest of both parties, Petitioner be awarded lump sum alimony. Yandell v. Yandell, 39 So.2d 554, 556 (Fla.1949). Based on the foregoing facts and conclusions of law, it is hereby
ORDERED and ADJUDGED as follows:
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3. The Respondent shall pay Petitioner lump sum alimony totaling $600,000.

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Bluebook (online)
507 So. 2d 1140, 12 Fla. L. Weekly 1165, 1987 Fla. App. LEXIS 8076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coll-v-coll-fladistctapp-1987.