Feger v. Feger

850 So. 2d 611, 2003 WL 21697203
CourtDistrict Court of Appeal of Florida
DecidedJuly 23, 2003
Docket2D02-1265
StatusPublished
Cited by18 cases

This text of 850 So. 2d 611 (Feger v. Feger) 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
Feger v. Feger, 850 So. 2d 611, 2003 WL 21697203 (Fla. Ct. App. 2003).

Opinion

850 So.2d 611 (2003)

William FEGER, Appellant/Cross-Appellee,
v.
Nancy FEGER, Appellee/Cross-Appellant.

No. 2D02-1265.

District Court of Appeal of Florida, Second District.

July 23, 2003.

*612 Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, for Appellant.

Debra A. Rowe, Fort Myers, for Appellee.

PER CURIAM.

William Feger appeals the final judgment dissolving his marriage to Nancy Feger and challenges the distribution of marital assets, the denial of his request for alimony, the denial of his request for all of his attorney's fees, and the award to the mother of sole authority to make decisions concerning the minor child. Nancy Feger cross-appeals the court's denial of her special equity in the home, the failure to award her attorney's fees, the child support award, and the denial of her motion to compel her husband to appear in person at the final hearing. We affirm the trial court's ruling finding that no alimony is due to Mr. Feger, but we must reverse the equitable distribution portion of the final judgment because of the court's failure to articulate the standards it used to make its findings. We also remand for the trial court to clarify its inconsistent rulings concerning the parenting arrangements for the minor child. We affirm the cross-appeal.

*613 The parties were married on June 16, 1988, in New York, and separated on September 19, 1998. Their daughter Arianna was born on November 10, 1989. At the inception of their marriage Ms. Feger worked at a local hospital as a registered nurse; Mr. Feger worked as a production manager. Two years later, when Mr. Feger was only forty-seven years old, he suffered a stroke that rendered him severely disabled. Initially, Mr. Feger could neither speak nor walk; now he walks with braces and possesses minimal speech, but he suffers from receptive and expressive aphasia. At trial, Mr. Feger's physician characterized his recovery as good but not excellent. Mr. Feger's speech problems, particularly his difficulty understanding and communicating with others, presented substantial obstacles in the litigation of this matter.

After the stroke, Ms. Feger quit her job to care for her husband, and in 1991 she sold the family home, which was her sole property acquired from a previous marriage, and relocated the family to Cape Coral. The Florida home was acquired, titled, and encumbered in the names of both parties.

Financial support for the family came from multiple sources. Ms. Feger expended funds generated from the sale of her former nonmarital home. Mr. Feger received social security disability income (SSDI) of $1205 per month and a disability payment from his employer's ERISA plan of $1017 monthly. Arianna also receives a social security payment. Ms. Feger returned to work in 1995. By 1998 she was earning more than $46,000 annually and reported an income of approximately $48,000 in 1999. At trial, she testified that her income for the year 2000 was $40,000.

The parties' separation in 1998 occurred when Mr. Feger suddenly and without warning left the marital home with his sister and relocated to Utah. After the separation, Ms. Feger refinanced the marital home, which before refinancing was valued at $300,000 subject to a $91,000 mortgage. Following refinancing, the encumbrance was increased by an additional $120,000.

The court entered a final judgment of dissolution of marriage on July 18, 2001, and amended the judgment pursuant to an order on rehearing entered on September 14, 2001. In pertinent part these orders resolved the issues between the parties as follows:

1. Equitable Distribution. The trial court found that Ms. Feger failed to overcome the presumption that certain jointly owned property acquired during the marriage with her premarital funds was not marital property. Accordingly, the trial court began its equitable distribution plan with the premise that the distribution should be equal unless there was a justification for an unequal distribution. Following an analysis of some of the factors set out in section 61.075(1), Florida Statutes (1997), the court awarded Mr. Feger marital assets valued at approximately $48,000. Ms. Feger received marital assets valued at more than $33,000. In the original final judgment Ms. Feger received the home as a form of child support. In the judgment on rehearing, however, the court awarded her the marital home and its contents as part of its equitable distribution scheme without identifying any further justification for the uneven split of the marital assets.

2. Alimony. No spousal support was awarded to either party. The court noted that although it did not specifically discuss the factors set out in section 61.08, it had made adequate findings throughout the final judgment to formulate a basis for its decision to award no permanent periodic alimony.

*614 3. Attorney's Fees. In its initial judgment the court declined to award Mr. Feger fees and instead determined that each party should be required to pay his or her own fees and costs. However, the trial court expressed concern over the legal positions Mr. Feger advanced at trial, finding his litigation strategy had Rosen[1] implications. On rehearing, the trial court ordered Ms. Feger to pay $4775.37 toward Mr. Feger's court costs and attorney's fees in an attempt to help equalize the distribution of assets.

4. Child Support. In the first version of the final judgment, the court ordered no monetary child support but ordered Mr. Feger to relinquish his interest in the marital home to Ms. Feger as child support. On rehearing, however, the trial court found that Mr. Feger's child support obligation was totally subsumed within the SSDI payments allotted to the child.

5. Parental Responsibility. The final judgment is somewhat inconsistent regarding the award of authority to make decisions for the minor child. In paragraph 7 of the original final judgment the court made extensive findings about Ms. Feger's ability to care for and provide for her child, the fact that the mother is a more fit parent than the father, the superior bonding between daughter and mother as opposed to the father, and the detriment that would result to the child if she were required to travel to Utah for visitation with her father and an aunt that she does not know at all. The court concluded that it would order shared parental responsibility with the wife as primary residential parent. As for visitation, the court found that the father would have to travel to Florida or establish some mutually affordable means of communication. The court ordered the wife to cooperate with the husband in restoring the father-daughter relationship, threatening sanctions for her refusal and reserving jurisdiction to set a specific schedule in the event that face-to-face visits proved feasible. Paragraph 16 of the final judgment afforded Mr. Feger liberal visitation at the child's residence, at his expense.

In paragraph 15 of the original final judgment, however, the trial court designated Ms.

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Bluebook (online)
850 So. 2d 611, 2003 WL 21697203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feger-v-feger-fladistctapp-2003.