Robert J. Conchiglia v. Jennifer A. Conchiglia

District Court of Appeal of Florida

Robert J. Conchiglia v. Jennifer A. Conchiglia

CourtDistrict Court of Appeal of Florida

DecidedJune 12, 2026

Docket5D2024-3011

StatusPublished

This text of Robert J. Conchiglia v. Jennifer A. Conchiglia (Robert J. Conchiglia v. Jennifer A. Conchiglia) 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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Robert J. Conchiglia v. Jennifer A. Conchiglia, (Fla. Ct. App. 2026).

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Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-3011 LT Case No. 2021-DR-008023-FM _____________________________

ROBERT J. CONCHIGLIA,

Appellant,

v.

JENNIFER A. CONCHIGLIA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. John Ingle Guy, Judge.

Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, for Appellant.

Rebecca Bowen Creed, of Creed & Gowdy, P.A., Jacksonville, for Appellee.

June 12, 2026

PER CURIAM.

Robert J. Conchiglia (“Husband”), appeals the Amended Final Judgment of Dissolution of Marriage from Jennifer A. Conchiglia (“Wife”). Among other things, the Amended Final Judgment awarded shared parental responsibility and divided the parties’ marital assets. Husband appeals the unequal distribution of the parties’ assets, raising several issues related to asset allocation. We reverse only as to the assignment of $150,000 to Husband for the July 2020 Benjamin Tech investment. Specifically, we reverse because there was no evidence of “intentional dissipation, waste, depletion, or destruction” by Husband as to that investment. See § 61.075(1)(i), Fla. Stat. (2024); Roth v. Roth, 312 So. 3d 1021, 1026 (Fla. 2d DCA 2021) (“To include a dissipated asset in the equitable distribution scheme, the evidence must establish that a party engaged in intentional misconduct that resulted in the dissipation of the marital asset.”).

Accordingly, we “remand for reconsideration of the equitable distribution scheme” based on the erroneous assignment to Husband of the Benjamin Tech asset. Niederkohr v. Kuselias, 301 So. 3d 1112, 1113–14 (Fla. 5th DCA 2020).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

JAY, C.J., and EISNAUGLE and BOATWRIGHT, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-3011 LT Case No. 2021-DR-008023-FM _____________________________

ROBERT J. CONCHIGLIA,

Appellant,

v.

JENNIFER A. CONCHIGLIA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. John Ingle Guy, Judge.

Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, for Appellant.

Rebecca Bowen Creed, of Creed & Gowdy, P.A., Jacksonville, for Appellee.

June 12, 2026

PER CURIAM.

Robert J. Conchiglia (“Husband”), appeals the Amended Final Judgment of Dissolution of Marriage from Jennifer A. Conchiglia (“Wife”). Among other things, the Amended Final Judgment awarded shared parental responsibility and divided the parties’ marital assets. Husband appeals the unequal distribution of the parties’ assets, raising several issues related to asset allocation. We reverse only as to the assignment of $150,000 to Husband for the July 2020 Benjamin Tech investment. Specifically, we reverse because there was no evidence of “intentional dissipation, waste, depletion, or destruction” by Husband as to that investment. See § 61.075(1)(i), Fla. Stat. (2024); Roth v. Roth, 312 So. 3d 1021, 1026 (Fla. 2d DCA 2021) (“To include a dissipated asset in the equitable distribution scheme, the evidence must establish that a party engaged in intentional misconduct that resulted in the dissipation of the marital asset.”).

Accordingly, we “remand for reconsideration of the equitable distribution scheme” based on the erroneous assignment to Husband of the Benjamin Tech asset. Niederkohr v. Kuselias, 301 So. 3d 1112, 1113–14 (Fla. 5th DCA 2020).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

JAY, C.J., and EISNAUGLE and BOATWRIGHT, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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Robert J. Conchiglia v. Jennifer A. Conchiglia, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-j-conchiglia-v-jennifer-a-conchiglia-fladistctapp-2026.