Joshi v. Joshi

District Court of Appeal of Florida

Joshi v. Joshi

66 So. 3d 1101, 2011 Fla. App. LEXIS 13039, 2011 WL 3627410

CourtDistrict Court of Appeal of Florida

DecidedAugust 19, 2011

Docket5D09-2128

StatusPublished

This text of 66 So. 3d 1101 (Joshi v. Joshi) 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

Joshi v. Joshi, 66 So. 3d 1101, 2011 Fla. App. LEXIS 13039, 2011 WL 3627410 (Fla. Ct. App. 2011).

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Opinion

PALMER, J.

Rajendra Joshi (husband) appeals the trial court’s final dissolution judgment. We affirm in all aspects except one.

The husband argues that the trial court erred in finding that he took for himself an $1,800.00 stimulus check distributed to the marital household as part of the 2008 Economic Stimulus Program. We agree.

The record demonstrates that Raksha Joshi (wife) testified that she never received a check from the Economic Stimulus Program. Thus, the record contains no support for the conclusion that a stimulus check was ever received. Because there is no evidence to support the court’s assignment of an $1,800.00 value to that check, the trial court abused its discretion by allocating the value thereof to the husband’s equitable distribution. Accordingly, we remand this case to the trial court for removal of the $1,800.00 stimulus check from the equitable distribution scheme, and for any adjustments necessary in the equitable distribution scheme as a result of that deletion.

AFFIRMED in part; REVERSED in part; and REMANDED.

MONACO and JACOBUS, JJ., concur.

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PALMER, J.

Rajendra Joshi (husband) appeals the trial court’s final dissolution judgment. We affirm in all aspects except one.

The husband argues that the trial court erred in finding that he took for himself an $1,800.00 stimulus check distributed to the marital household as part of the 2008 Economic Stimulus Program. We agree.

The record demonstrates that Raksha Joshi (wife) testified that she never received a check from the Economic Stimulus Program. Thus, the record contains no support for the conclusion that a stimulus check was ever received. Because there is no evidence to support the court’s assignment of an $1,800.00 value to that check, the trial court abused its discretion by allocating the value thereof to the husband’s equitable distribution. Accordingly, we remand this case to the trial court for removal of the $1,800.00 stimulus check from the equitable distribution scheme, and for any adjustments necessary in the equitable distribution scheme as a result of that deletion.

AFFIRMED in part; REVERSED in part; and REMANDED.

MONACO and JACOBUS, JJ., concur.

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Bluebook (online)

66 So. 3d 1101, 2011 Fla. App. LEXIS 13039, 2011 WL 3627410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshi-v-joshi-fladistctapp-2011.