Medlin v. Medlin

District Court of Appeal of Florida

Medlin v. Medlin

656 So. 2d 528, 1995 Fla. App. LEXIS 5785, 1995 WL 322669

CourtDistrict Court of Appeal of Florida

DecidedMay 31, 1995

DocketNos. 94-0174, 94-0613

StatusPublished

Cited by2 cases

This text of 656 So. 2d 528 (Medlin v. Medlin) 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.

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Medlin v. Medlin, 656 So. 2d 528, 1995 Fla. App. LEXIS 5785, 1995 WL 322669 (Fla. Ct. App. 1995).

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Opinion

FARMER, Judge.

The trial court’s final judgment awarded the wife $300,000 as lump sum alimony without indicating whether it is in the nature of an equitable distribution or support. At the same time, the judgment contains no listing of marital assets, assigns no values to them, and does not attempt to set up any scheme of distribution. Moreover, although the judgment considers some of the section 61.08(2), Florida Statutes (1993), factors for an alimony award, it fails to consider “the financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.”

We thus follow Walsh v. Walsh, 600 So.2d 1222 (Fla. 1st DCA 1992), and remand with instructions to comply with section 61.08(1).

REVERSED.

GUNTHER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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FARMER, Judge.

The trial court’s final judgment awarded the wife $300,000 as lump sum alimony without indicating whether it is in the nature of an equitable distribution or support. At the same time, the judgment contains no listing of marital assets, assigns no values to them, and does not attempt to set up any scheme of distribution. Moreover, although the judgment considers some of the section 61.08(2), Florida Statutes (1993), factors for an alimony award, it fails to consider “the financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.”

We thus follow Walsh v. Walsh, 600 So.2d 1222 (Fla. 1st DCA 1992), and remand with instructions to comply with section 61.08(1).

REVERSED.

GUNTHER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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Bluebook (online)

656 So. 2d 528, 1995 Fla. App. LEXIS 5785, 1995 WL 322669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medlin-v-medlin-fladistctapp-1995.

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