Robert P. Charbonneau v. Patricia Charbonneau

• Court: District Court of Appeal of Florida
• Decided: May 1, 2024
• Docket: 2022-1507
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 1, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1507 Lower Tribunal No. 18-29043 ________________

Robert P. Charbonneau, Appellant/Cross-Appellee,

vs.

Patricia Charbonneau, Appellee/Cross-Appellant.

An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge.

Jam Law PLLC, and Jason A. Martorella (Fort Myers), for appellant/cross-appellee.

Lauri Waldman Ross, P.A., and Lauri Waldman Ross; Raquel A. Rodriguez & Associates, and Raquel A. Rodriguez, for appellee/cross- appellant.

Before FERNANDEZ, GORDO and LOBREE, JJ.

PER CURIAM. Robert Charbonneau (“Former Husband”) appeals from a final

judgment of dissolution, specifically the amount of income imputed to the

Wife, the amount of alimony, maintenance of life insurance to secure alimony

and the disposition of an income tax refund. Patricia Charbonneau (“Former

Wife”) cross-appeals the trial court’s refusal to clarify the final judgment to

allocate responsibility for mortgage payments and included expenses, and

to make necessary adjustments of credits and setoffs.

We affirm the final judgment of dissolution in all respects. As to the

Former Wife’s cross-appeal, we similarly affirm. The Former Wife benefitted

from occupancy of the marital home from the date of the final judgment until

sale of the marital home. The marital home, and the Former Wife’s ability to

remain in residency until its sale, are benefits derived from a marital asset to

which both parties held equal interest. No clarification of the parties’ post-

sale credits is necessary.

Affirmed.