GILBERT RAMOS v. PAULA RAMOS

230 So. 3d 893
CourtDistrict Court of Appeal of Florida
DecidedNovember 29, 2017
Docket4D16-4028
StatusPublished
Cited by2 cases

This text of 230 So. 3d 893 (GILBERT RAMOS v. PAULA RAMOS) 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
GILBERT RAMOS v. PAULA RAMOS, 230 So. 3d 893 (Fla. Ct. App. 2017).

Opinion

Forst, J.

Appellant Gilbert Ramos (“Former Husband”) appeals the trial court’s final judgment of dissolution of marriage. He argues that the trial court committed several errors, including labeling his vending machine business and truck as marital assets for purposes of equitable distribution, incorrectly valuing his coin collection, and ordering him to obtain life insurance. We agree, in whole or in part, with each of Former Husband’s arguments on appeal and accordingly reverse and remand for the trial court to take appropriate action consistent with this opinion.

Background

On February 28, 2014, Former Husband filed a petition for dissolution of marriage. He and appellee Paula Ramos (“Former Wife”) married on December 3, 2000, making the marriage a little more than thirteen years old at the time of filing. In his petition, Former Husband requested equitable distribution, that Former Wife purchase life insurance for the benefit of their two minor children, and that she pay his attorney’s fees. In particular, he argued that his vending machine business was exempt from equitable distribution because he had started the business prior to the marriage. In her response, Former Wife denied, among other things, that the vending machine business was exempt.

At trial, the parties first discussed the vending machine business. Former Husband testified that he started the business ten years before the parties were married. Then, he testified that during the course of the marriage, the value of the business went “down. A lot down.” Before' he was married, he had “eighty plus machines, both snack and soda,” and that all but one or two of those machines were “making money.” Former Wife did not disagree, and testified that the business had multiple machines across thirty locations. But then, Former Husband noted, the business had only “twenty-three machines, [at] .seventeen locations” at the time of dissolution. Former Wife agreed that there were now only about twenty-three machines.

The parties next discussed the value of a marital coin collection. Former Wife introduced a hand-written list previously made by Former Husband noting that he had about $36,000 in coins. She explained he created the list around 2011. Former Wife also admitted some pictures she took of the coins during this period of time. Former Husband disputed that he ever had $36,000 in coins. Regardless, he testified that their value at the time of filing the petition for dissolution was “about ten, twelve thousand dollars total,” and, at the time of trial, the value of the coins was “zero.” Former Husband explained that, since 2014, he had to use the coins “to supplement and pay for house bills,” “buy[ ] my own food, pay[ ] electric, water, TV, phone, et cetera,” and buy a Dodge truck. The truck cost $9,000. Former Wife disagreed that Former Husband spent the coins. Still, she noted she used them to buy an $800 cruise ticket.

The trial court entered its final judgment of dissolution of marriage. The court equitably distributed the vending machine business,..finding that it was marital “in that it comingled [sic] marital funds during the party’s marriage.” The court also equitably distributed the coin collection, finding that it was worth $36,000: “18 boxes of quarters, each containing $2,000. The Wife provided clear and convincing evidence that the boxes existed and that they contained the quarters. The Husband has removed the boxes for his benefit.” Next, to protect its award of. child support, the court ordered Former Husband to “obtain within 30 days of this.order a life insurance policy in the amount of $25,000.00, with the children'listed as beneficiaries.” The court further found that the Dodge truck was marital property, subject to equitable distribution.

Analysis

A. Equitable Distribution of the Vending Machine Business

“The standard of review of a trial court’s determination of equitable distribution is abuse of discretion. However, ‘[a] trial court’s legal conclusion that an asset is marital or nonmarital is subject to de novo.review.’” Berg v. Young, 175 So.3d 863, 867 (Fla. 4th DCA 2015) (alteration in original) (quoting Bell v. Bell, 68 So.3d 321, 328 (Fla. 4th DCA 2011)).

Former Husband first argues on appeal that the 'trial court erred in classifying his vending machine business as a marital asset, and thus equitably distributing it. The business was a premarital asset, and so only its enhanced value during the marriage should have been distributed. Below, however, the court determined that the whole business was-a marital asset and subject to equitable distribution because it was commingled with marital funds during the marriage.

The trial court erred. As a preliminary matter, we note that there was no evidence óf commingling, and so our review turns to whether there was ahy enhancement of value to the premarital business. Section 61.075(6)(a)l.b., Florida Statutes (2016), states that only the enhanced value of non-marital assets resulting from the efforts of either party during the marriage will become marital. Our ease law is reflective of the statute. See Pereboom v. Pereboom, 959 So.2d 1205, 1206 (Fla. 4th DCA 2007); Anson v. Anson, 772 So.2d 52, 55 (Fla. 5th DCA 2000); Hanks v. Hanks, 553 So.2d 340, 341-42 (Fla. 4th DCA 1989). Here, pursuant to Pereboom, Former Husband satisfied his initial burden at trial of proving that he owned the business ten years before the marriage. Pereboom, 959 So.2d at 1206. Thus, as Pereboom next mandates, the burden shifted to Former' Wife to prove that the premarital business in some way became partly marital through an enhancement of value. Id.' However, just like the former wife in Pereboom, she failed to do so. Id. Accordingly, we reverse the court’s equitable distribution of the vending machine business.

We note that, if anything, the admitted evidence appears to show that the business actually decreased in value throughout the marriage. Former Husband testified that during the marriage, the value of the business declined, and, ultimately, Former Wife agreed that at the time of dissolution, the business had only twenty-three ma-chinés, considerably less from the “eighty plus machines” that Appellant testified he had at the time of marriage. Thus, it appears that the value of the business decreased over time, such that no part of it became a marital asset subject to equitable distribution.

B. Valuation of the. Marital Coin• Collection and Equitable Distribution of the Dodge Truck ■

This Court reviews the trial court’s valuation of a marital asset for purposes of equitable distribution for an abuse of discretion. Dorworth v. Dorworth, 176 So.3d 336, 338 (Fla. 5th DCA 2015). “A valuation not supported by competent substantial evidence fails.” Banton v. Parker-Banton, 756 So.2d 155, 156 (Fla. 4th DCA 2000).

Former Husband contends that the trial court erred in its valuation of the marital coin' collection for purposes' of equitable distribution. At' trial, Former Wife presented evidence that the value of the coins in 2011 was $36,000. In its final judgment, the court decided to adopt this $36,000 valuation.

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Bluebook (online)
230 So. 3d 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-ramos-v-paula-ramos-fladistctapp-2017.