Crapps v. Crapps

501 So. 2d 661, 12 Fla. L. Weekly 250
CourtDistrict Court of Appeal of Florida
DecidedJanuary 13, 1987
DocketBI-6
StatusPublished
Cited by21 cases

This text of 501 So. 2d 661 (Crapps v. Crapps) 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
Crapps v. Crapps, 501 So. 2d 661, 12 Fla. L. Weekly 250 (Fla. Ct. App. 1987).

Opinion

501 So.2d 661 (1987)

Barbara CRAPPS, Appellant,
v.
P.C. CRAPPS, III, Appellee.

No. BI-6.

District Court of Appeal of Florida, First District.

January 13, 1987.
Rehearing Denied February 19, 1987.

John F. Roscow, III, of Scruggs & Carmichael, P.A., Gainesville, for appellant.

James S. Quincy of Clayton, Johnston, Quincey, Ireland, Felder & Gadd, Gainesville, Ernest A. Sellers of Airth, Sellers, Lewis & Decker, Live Oak, for appellee.

SMITH, Judge.

The wife appeals the distribution of marital property in the final judgment of dissolution. The trial court erred as a matter of law in finding that certain property, and income from that property, could not be considered as marital assets subject to equitable distribution. We reverse.

The parties were married in 1961 and have three children all of whom have reached majority. At the time of the marriage, the wife was a bookkeeper in a bank, and the husband, who has a forestry degree, was working for his two familyowned banks. When they were married, the husband owned 120 acres of land, an undivided one-half interest in 434 acres, an undivided one-third interest in 395 acres, and approximately 100 shares in the two banks.

Prior to the marriage, the husband's father incorporated Forest Land and Timber *662 Company with the estate planning goal of transferring assets from his estate to his ten children. By the time of the marriage, over 6,500 acres of land had been transferred to this corporation.

After the parties married, the wife stayed home and raised the children. The husband would arise at 5:30 A.M., go to the tree farm and get the workers started for the day, and return home for breakfast around 7:30 A.M., which the wife would have fixed. He would then dress and go to the bank where he would remain until 1:00 or 2:00 P.M., when the bank closed. His father would pick him up and they would go back to the tree farm until sundown. This routine was followed six days a week. On Sunday after church, the husband's father would come and pick him up and the two would drive through various parts of the property checking on trees. The husband testified that he did not discriminate between his trees and his father's trees since he considered himself to be part of a family business. The rest of the husband's brothers and sisters did not participate as much as he did, although the boys were expected to help during the summer by picking up roots, etc., in the fields. According to the wife's testimony, the husband and his father planted 1,000,000 trees a year as part of their tree farming operation.

Throughout the marriage, the husband drew a salary only from his job as a banker, none from the Forest Land and Timber Company. Nevertheless, there were days during the pecan and pine tree planting seasons that he didn't even go to the bank.

Because of a disagreement with his father and because he felt that he might not be able to continue working for his father at the bank, the husband encouraged the wife to return to college and get a teaching degree. From 1969 through 1971, the wife attended the University of Florida. She would arise at 5:00 or 5:30 A.M. and would return home late in the afternoon or early evening. The husband hired a maid three days a week to help with the household chores, cut back on his working hours, and became more involved in child-rearing activities in his wife's absence. When the wife graduated from school, she began teaching in the Suwannee County schools and she continued in that occupation until the parties separated in 1982.

During the marriage, the husband used timber sale proceeds, stock dividends, salary and bonus income to acquire bank stock and various land parcels in his name. The parties' marital home, acquired during the marriage and worth approximately $77,250, was also titled in the husband's name. The wife used her salary for clothes for herself and the family, jewelry, trips for herself and the family, and furniture for the parties' marital home.

After the petition for dissolution was filed, but before the final judgment dissolving the marriage was entered, the husband received a substantial inheritence from his aunt and uncle. Also, the husband's father liquidated the assets of the Forest Land and Timber Company. Although the evidence shows the husband participated in the tree farming activities more than the other children in his family, the land was divided equally among the ten children.

The husband earns approximately $175,000 annually, excluding income from timber sales and farm income. We will not detail his considerable wealth; suffice it to say that he is a millionaire. In her current managerial position at a car dealership, the wife earns approximately $16,000 per year.

The final judgment of dissolution groups the husband's property into six categories: (1) assets owned by the husband prior to marriage; (2) assets acquired by the husband after the filing of the petition for dissolution but before the marriage was dissolved, which include his inheritence from his aunt and uncle and his share in the family corporation which was liquidated; (3) assets acquired by the husband during the marriage by gifts, by purchase with funds given to him by his family, and from funds received from dividends and sale of timber from assets owned prior to the marriage or assets given to him by his family; (4) assets acquired by the husband *663 during the marriage with the funds from dividends and from the sale of timber from property owned by the husband; (5) assets acquired by the husband during the marriage from salary and bonuses received by the husband; and (6) the husband's retirement benefits value.

The trial court held that all of this property except that set forth in category five (assets acquired by the husband during the marriage from salary and bonuses received by the husband) was not subject to consideration by the court for equitable distribution. The court rejected the wife's contention that she should be entitled to share in the increase in value of the property owned by the husband before the marriage or given to him by his family during the marriage, and that she was entitled to any increase in value of the husband's separate property during the marriage which was attributable to the husband's efforts during the marriage. Accordingly, the court awarded the wife as a lump sum award for equitable distribution the sum of $75,000 and permanent, periodic alimony in the amount of $1200 per month.

The wife contends that the trial court erred in failing to consider the husband's entitlement to retirement benefits in fashioning an equitable distribution of property, in failing to consider assets acquired during the marriage as marital property subject to equitable distribution, and in failing to consider the increase in value of the husband's separate property which is attributable to his marital labor as subject to equitable distribution. Finally, the wife claims the trial court abused its discretion in its meager awards of alimony and that she has been shortchanged. We will address the points raised under four separate headings.

I. RETIREMENT BENEFITS

In Diffenderfer v. Diffenderfer, 491 So.2d 265 (Fla. 1986), the Florida Supreme Court modified this court's decision in Diffenderfer v. Diffenderfer, 456 So.2d 1214 (Fla. 1st DCA 1984) and held that entitlement to pension or retirement benefits must be considered a marital asset for purposes of equitably distributing marital property.

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Bluebook (online)
501 So. 2d 661, 12 Fla. L. Weekly 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crapps-v-crapps-fladistctapp-1987.