Young, Stern & Tannenbaum, PA v. Ernst

453 So. 2d 99
District Court of Appeal of Florida·Decided June 26, 1984·No. 83-659, 83-1753 and 83-2052·Published·Cited by 5 cases

Opinion

453 So.2d 99 (1984)

YOUNG, STERN & TANNENBAUM, P.A., Appellant,
v.
Charles ERNST, Appellee.
YOUNG, STERN & TANNENBAUM, P.A., and Joyce Ernst, Petitioners,
v.
Honorable Richard Yale FEDER, Judge of the Circuit Court of the 11TH Judicial Circuit in and for Dade County, Florida, Respondent.

Nos. 83-659, 83-1753 and 83-2052.

District Court of Appeal of Florida, Third District.

June 26, 1984.

Young, Stern & Tannenbaum and Glen Rafkin, North Miami Beach, for Young, Stern & Tannenbaum, P.A. and Joyce Ernst.

Andrews, Voorheis, Lehrer & Baggett and Glenn R. Mee, Fort Lauderdale, for Charles Ernst.

Robert A. Ginsburg, County Atty. and Roy Wood, Asst. County Atty., for Honorable Richard Yale Feder.

Before SCHWARTZ, C.J., and BARKDULL and DANIEL S. PEARSON, JJ.

BARKDULL, Judge.

Following a many faceted dissolution of marriage proceeding, the trial judge rendered a final judgment dissolving the bonds of matrimony and awarding the wife $500,000 as lump sum alimony payable in part in 118 monthly installments and reserved jurisdiction to fix attorney's fees and costs. This final judgment of dissolution was not appealed. The final judgment reads in part as follows:

"A sketchy history of the parties and their marriage seemed appropriate as a prelude to the Court's findings.
Charles Ernst started as the proverbial grease monkey in his father's auto junk yard and by age 16 or 17, without benefit, (or detriment) of college or other graduate education beyond New Utrecht High School in Brooklyn, New York, began to build an empire in auto parts and *100 franchising known as Great Bear Auto Centers throughout the New York-New Jersey-Long Island region. The businesses alone, without considering the real property or other business concerns of Mr. Ernst, was sold in 1977 for over 4 million dollars. Unfortunately most of the selling price was in notes.
There is heated dispute between the parties as to Mr. Ernst's actual worth prior to this marriage to Joyce Ernst in January of 1971. The figures vary from the Wife's view of under 750,000 dollars to the Husband's view of 10,000,000 dollars. Whichever view is accurate, the fact remains that when Joyce started dating Charles, she was a secretary earning under 150.00 dollars a week and began to be wined and dined in every one of New York's famous restaurants, arriving and departing in Chuck's luxurious Rolls Royce, and, within a few short months of the marriage, began to have her Husband build a palatial home in an expensive section of New York. Whether or not Mr. Ernst's net worth was actually 10,000,000 dollars prior to his marriage, he lived like it was.
* * * * * *
After moving from New York to Florida in about 1972, the parties enjoyed an affluent life, complete with first a Del Prado apartment, then a magnificent Eastern Shores home replete with a second lot and tennis court, gradually rising (both literally and figuratively) to a Jockey Club apartment and all the accoutrements of the so called jet-set.
In 1978, the financial empire of Mr. Ernst either collapsed or, at the least, began to crumple at the edges when the purchaser of his Great Bear franchises began to retreat into what may be permanent financial hibernation. As a result, estimates of the Husband's net worth at the present time have plummetted to either 3.6 million or 2.0 million, depending upon whether one looks through the rose colored glasses of the Wife's witnesses or the somber shades of the Husband's. Also whether Mr. Ernst's present financial position is in the trough of a rollercoaster ride, about to climb again to the heights, or is on the edge of the abyss, only time and not this Court can tell. However, a decision of which figure is accurate or which view of his finances is correct is unnecessary since the claim for special equity has been withdrawn and the Court finds equitable distribution inappropriate except insofar as it is ordered by way of lump sum alimony hereinafter, and since either figure is a reasonable basis for support of the Wife to keep her in the style to which she had become accustomed without making either party pass from misfortune to prosperity or from prosperity to misfortune.
Although the Husband has given the Wife a Taste of Honey, the law does not require him to maintain the exact same hive, nor remain the eternal financial drone bringing sustenance to the unemployed Queen.
* * * * * *
VI. Alimony — The facts, as determined by the Court and as believed by the Court, would make an award to the Wife of lump sum alimony appropriate.
* * * * * *
The Court therefore Orders that the Wife shall be paid a lump sum alimony of the sum of 500,000 dollars payable in the following manner: a) title to the three bedroom Jockey Club apartment now held in the name of the Husband shall be conveyed to the Wife along with a bill of sale for all furniture and furnishings therein contained. Based upon the different estimates of the value of this apartment and the furniture and furnishings, the Court finds that the net market value of said apartment and contents as of this date after deducting the remaining outstanding mortgage is 214,750 dollars; b) the sum of 280,250 dollars cash payable in 118 equal monthly installments of 2,375 dollars beginning on the 1st day of May 1982 and continuing on the first day of each month thereafter up to and including the last month which *101 would be March 1, 1992; c) the sum of 5,000 dollars cash which shall be paid forthwith in order to provide the Wife with an opening balance and checking account pending the receipt of various checks for child support and alimony.
To transfer more of the Husband's assets than shown above would, in the Court's judgment based upon the believable and credible evidence, substantially endanger the Husband's economic status, if not utterly destroy it.
* * * * * *
VII. The Court reserves jurisdiction over the parties and the subject matter for the limited purposes as follows:
* * * * * *
2) Determination of the award of attorney's fees and costs."
* * * * * *

Thereafter the matter came on for hearing and the taking of testimony as to the amount of attorney's fees and costs. Following the hearing the Court entered on September 15, 1982 an order awarding the attorneys an additional fee of $83,835.00 plus $21,675.20 as costs without any enforcement provisions. The attorneys then filed a motion to enforce the order and the trial court entered a final judgment for fees and costs and permitted limited execution.[1] The attorneys appeal this order under clerk's file number 83-659.

*102 An execution was issued and the former husband sought relief from the execution which resulted in an order granting the relief requested and also requiring the immediate payment of $25,000 in partial satisfaction of the final judgment for attorney's fees.[2] The attorneys appeal this order under clerk's file number 83-1753.

The appellee then sought to have the trial court approve a sale of the property the subject matter of the order referred to in footnote number 2. The attorneys then filed a petition for writ of prohibition in this court to prevent the trial court from considering this motion.[3]

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Young, Stern & Tannenbaum, PA v. Ernst, 453 So. 2d 99 (Fla. Ct. App. 1984).

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