Scott Edward Giegold v. Virginia Irene Giegold

• Court: District Court of Appeal of Florida
• Decided: September 20, 2024
• Docket: 6D2023-2666
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2023-2666 Lower Tribunal No. 2021-DR-007972 _____________________________

SCOTT EDWARD GIEGOLD,

Appellant,

v. VIRGINIA IRENE GIEGOLD,

Appellee. _____________________________

Appeal from the Circuit Court for Polk County. Mark F. Carpanini, Judge.

September 20, 2024

PER CURIAM.

In this appeal of a final judgment entered in a dissolution of marriage

proceeding, Appellant Scott Giegold (“Former Husband”) challenges the trial

court’s award of permanent and retroactive alimony to Appellee Virginia Giegold

(“Former Wife”). Former Husband argues that the trial court erred by, among other

things1: (1) failing to make specific findings regarding the parties’ net incomes in

1 Since the errors addressed herein are sufficient to necessitate reversal of the awards of retroactive and permanent alimony, we do not address Former Husband’s support of the permanent alimony award; (2) basing the permanent alimony award

on the parties’ gross incomes rather on the parties’ net incomes; and (3) awarding

retroactive alimony to Former Wife without making specific findings regarding

Former Wife’s need for alimony and Former Husband’s ability to pay alimony

during the period for which retroactive alimony was awarded. Former Husband is

correct on each of these arguments. See Reese v. Reese, 363 So. 3d 1202, 1211-13

(Fla. 6th DCA 2023); Gayer v. Nicita, 368 So. 3d 533, 537-38 (Fla. 6th DCA 2023);

Goodman v. Goodman, 363 So. 3d 220, 224 (Fla. 6th DCA 2023).

We reverse the award of permanent and retroactive alimony and remand this

case for further proceedings consistent with this court’s opinions in Reese, Gayer

and Goodman.

REVERSED and REMANDED with instructions.

TRAVER, C.J., and MIZE and GANNAM, JJ., concur.

Jean M. Henne, of Jean M. Henne, P.A., Winter Haven, for Appellant.

Lydia Sturgis Zbrzeznj and Nicholas T. Zbrzeznj, of Southern Atlantic Law Group, PLLC, Winter Haven, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED

additional arguments. On remand, Former Husband may address these arguments to the trial court. 2