Romano v. Romano

District Court of Appeal of Florida

Romano v. Romano

690 So. 2d 751, 1997 Fla. App. LEXIS 3172, 1997 WL 155126

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 1997

DocketNo. 96-2414

StatusPublished

Cited by1 cases

This text of 690 So. 2d 751 (Romano v. Romano) 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

Romano v. Romano, 690 So. 2d 751, 1997 Fla. App. LEXIS 3172, 1997 WL 155126 (Fla. Ct. App. 1997).

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Opinion

COBB, Judge.

The judgment of dissolution of marriage is reversed, except for that portion dissolving the marriage, based upon the trial court’s failure to make specific findings of fact mandated by subsection 61.08(1), Florida Statutes. See Kennedy v. Kennedy, 622 So.2d [752]*7521033 (Fla. 5th DCA 1993)(en banc); Plyler v. Plyler, 622 So.2d 573 (Fla. 5th DCA 1993). In particular, the trial court should make specific findings of fact relative to the award to the wife of a special equity in the marital home, see Robertson v. Robertson, 593 So.2d 491 (Fla.1991); Woodard v. Woodard, 634 So.2d 782 (Fla. 5th DCA 1994), and in ordering the husband to pay the wife’s attorney’s fees and costs. Plyler. We note the apparent lack of a trial transcript. The trial court may make the requisite findings from its notes, if any, or from a stipulated statement of facts, if the parties can reconstruct the hearing. If neither of these alternatives is available, then an evidentiary hearing should be held.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.

THOMPSON and ANTOON, JJ., concur.

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COBB, Judge.

The judgment of dissolution of marriage is reversed, except for that portion dissolving the marriage, based upon the trial court’s failure to make specific findings of fact mandated by subsection 61.08(1), Florida Statutes. See Kennedy v. Kennedy, 622 So.2d [752]*7521033 (Fla. 5th DCA 1993)(en banc); Plyler v. Plyler, 622 So.2d 573 (Fla. 5th DCA 1993). In particular, the trial court should make specific findings of fact relative to the award to the wife of a special equity in the marital home, see Robertson v. Robertson, 593 So.2d 491 (Fla.1991); Woodard v. Woodard, 634 So.2d 782 (Fla. 5th DCA 1994), and in ordering the husband to pay the wife’s attorney’s fees and costs. Plyler. We note the apparent lack of a trial transcript. The trial court may make the requisite findings from its notes, if any, or from a stipulated statement of facts, if the parties can reconstruct the hearing. If neither of these alternatives is available, then an evidentiary hearing should be held.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.

THOMPSON and ANTOON, JJ., concur.

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Bluebook (online)

690 So. 2d 751, 1997 Fla. App. LEXIS 3172, 1997 WL 155126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romano-v-romano-fladistctapp-1997.

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