Layeni v. Layeni

843 So. 2d 295, 2003 WL 553768
CourtDistrict Court of Appeal of Florida
DecidedFebruary 28, 2003
Docket5D01-3376
StatusPublished
Cited by22 cases

This text of 843 So. 2d 295 (Layeni v. Layeni) 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
Layeni v. Layeni, 843 So. 2d 295, 2003 WL 553768 (Fla. Ct. App. 2003).

Opinion

843 So.2d 295 (2003)

Mary Lou LAYENI, Appellant/Cross-Appellee,
v.
Kehinde A. LAYENI, Appellee/Cross-Appellant.

No. 5D01-3376.

District Court of Appeal of Florida, Fifth District.

February 28, 2003.
Rehearing Denied April 23, 2003.

*296 Marcia K. Lippincott of Marcia K. Lippincott, P. A., Lake Mary, for Appellant/Cross-Appellee.

Shannon McLin Carlyle and Gilbert S. Goshorn, Jr. of The Carlyle Appellate Law Firm, The Villages, for Appellee/Cross-Appellant.

ORFINGER, J.

The former wife, Mary Lou Layeni, appeals the final judgment of dissolution of marriage terminating her marriage to Kehinde A. Layeni, the former husband. She argues that the trial judge erred by denying her request for permanent and rehabilitative alimony and by failing to properly value the former husband's interest in his medical practice. She further contends the trial court erred in calculating the former husband's income available for child or spousal support. On cross-appeal, the former husband alleges the trial court erred by requiring him to maintain a life insurance policy naming the former wife as the beneficiary. We affirm in part and reverse in part.

*297 The parties were married for just over seven years. During the course of the marriage, two children were born. At the time of the final hearing, the former husband was a forty-two-year-old medical doctor specializing in cardiology. He worked in a professional association with two other doctors during most of the marriage. The former wife, forty-four years old at the time of the final hearing, did not work outside the home during the marriage. The parties enjoyed an upper-middle-class lifestyle with average gross earnings of approximately $375,000 per year. Throughout the parties' marriage, the former wife was a full-time homemaker, devoting her efforts to caring for the family. Before the marriage, the former wife worked in New York as a cardiology technician earning $40,000 per year. However, due in part to one of the children's special needs and the former wife's impaired health as a result of several serious illnesses, her earning potential was imputed to be only $17,000 per year.

EQUITABLE DISTRIBUTION

We first consider whether the trial court erred in determining the value of the former husband's medical practice. The parties' disagreement turns on whether the former husband's net accounts receivable should be included in calculating the value of his medical practice. Relying on Leone v. Leone, 577 So.2d 587 (Fla. 3d DCA 1990), the trial judge denied the former wife an equitable interest in the accounts receivable, concluding that it was from this income that the former husband would be required to make his support payments. We find the trial court erred in concluding that, as a matter of law, accounts receivable cannot be included in the valuation of marital assets. Staman v. Staman, 622 So.2d 1147 (Fla. 1st DCA 1993); Spillert v. Spillert, 564 So.2d 1146, 1148 (Fla. 1st DCA 1990); Carr v. Carr, 522 So.2d 880, 885 (Fla. 1st DCA 1988) (finding error in trial court's exclusion from marital assets of the tangible assets of husband's medical practice, including accounts receivable). We believe the holding in Leone was based on its unique facts. On remand, the trial court should include the net value of the former husband's accounts receivable in determining the value of his medical practice so that the trial court can distribute the assets in an equitable manner, given the overall division of marital property. See § 61.075, Fla. Stat. (1998).

THE CALCULATION OF THE FORMER HUSBAND'S INCOME

The parties agree that the trial court erred by failing to consider automobile and insurance benefits paid on behalf of the former husband by his medical practice. Those payments, totaling $2,577.95 monthly, and representing automobile lease payments and insurance and health, dental, and life insurance, must be included as income to the former husband on remand. See § 61.30(2)(a)(13), Fla. Stat. (1998); Cozier v. Cozier, 819 So.2d 834, 836 (Fla. 2d DCA 2002) (although the value of family medical insurance provided by the husband's employment and family business was properly added to the husband's gross income as an employment benefit for the purpose of awarding alimony and child support, the trial court erred by failing to allow a corresponding deduction for the amount of the insurance).

PERMANENT ALIMONY

The former wife next argues that the trial court's decision to deny permanent alimony was an abuse of the trial court's discretion. While if permitted to reweigh the evidence we might have reached a different result on the issue of *298 permanent alimony, we cannot conclude that the trial court abused its broad discretion in denying an award of permanent alimony to the former wife in this relatively short-term marriage. As we said in Vitalis v. Vitalis, 799 So.2d 1127, 1130 (Fla. 5th DCA 2001):

In a dissolution proceeding, the trial court possess broad discretion to do equity between the parties. Canakaris v. Canakaris, 382 So.2d 1197, 1202 (Fla. 1980); Doyle v. Doyle, 789 So.2d 499, 501 (Fla. 5th DCA 2001). The standard of review is whether the trial court abused its discretion. Canakaris, 382 So.2d at 1202-03. In reviewing a dissolution judgment, this court looks at the judgment as a whole in determining whether the trial court abused its discretion. Hamlet v. Hamlet, 583 So.2d 654, 657 (Fla.1991). "It is not the function of the appellate court to substitute its judgment for that of the trial court through re-evaluation of the evidence. Rather, the test is whether the judgment of the trial court is supported by competent evidence." Deakyne v. Deakyne, 460 So.2d 582, 583 (Fla. 5th DCA 1984) (citing Kuvin v. Kuvin, 442 So.2d 203 (Fla. 1983)).

We do, however, reach an opposite conclusion regarding the trial court's denial of rehabilitative alimony to the former wife because we find the trial court misapplied the law.

REHABILITATIVE ALIMONY

The former wife argues that the trial court denied her request for rehabilitative alimony because she failed to present a written rehabilitative plan at the dissolution hearing. The former wife asserts that through her testimony, she presented an oral rehabilitative plan, and argues that this is sufficient.

A review of the record shows that the former wife testified that although she attempted to become employed as a cardiology technician, her efforts were unsuccessful. Therefore, she decided to go to college to become a medical records coder. The former wife testified in detail regarding her plans to attend school to pursue a career as a medical records coder, at a total cost of approximately $11,840, excluding spousal support during the rehabilitative period.

The former wife also offered the testimony of Ede Slovan, the coordinator of the New Directions program at Seminole County Community College.[1] Slovan, the former wife's counselor at the college, testified that the former wife took an eight-week remedial course, and then enrolled in some college courses. Slovan testified that the former wife did poorly on several tests administered by the program, particularly in her ability to read, write, and understand the English language. As a result, Slovan recommended that the former wife take certain remedial classes.

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843 So. 2d 295, 2003 WL 553768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layeni-v-layeni-fladistctapp-2003.