Smith v. Smith

CourtDistrict Court of Appeal of Florida
DecidedNovember 15, 2024
Docket5D2022-2699
StatusPublished

This text of Smith v. Smith (Smith v. Smith) 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
Smith v. Smith, (Fla. Ct. App. 2024).

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2022-2699 LT Case No. 2018-DR-1639 _____________________________

SHANLEY DAWN SMITH,

Appellant/Cross-Appellee,

v.

GREGORY EMMETT SMITH,

Appellee/Cross-Appellant. _____________________________

On appeal from the Circuit Court for St. Johns County. Joan Anthony, Judge.

Michael D. Lee, of The Liles Firm, P.A., Jacksonville, and Rebecca Bowen Creed, of Creed & Gowdy, P.A., Jacksonville, for Appellant/Cross-Appellee.

Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, for Appellee/Cross-Appellant.

November 15, 2024

PER CURIAM. The parties appeal from an amended final judgment dissolving their marriage and equitably distributing their assets. Former Wife argues that the trial court erred when it credited Former Husband $950,000 (paid to resolve a 2018 joint tax liability) twice in the equitable distribution. We agree and remand for correction on this issue. See Palmer v. Palmer, 316 So. 3d 411, 417 (Fla. 5th DCA 2021) (“[T]he amended final judgment inadvertently distributed this $22,041 asset to Former Husband twice, which is to be corrected on remand.”). We otherwise affirm.

AFFIRMED in part, REVERSED in part, and REMANDED with directions.

EISNAUGLE, HARRIS, and KILBANE, 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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Bluebook (online)
Smith v. Smith, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-fladistctapp-2024.