Brack v. Brack

Full title: JOHN M. BRACK, Appellant, v. RITA A. BRACK, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Jun 18, 2021

No. 5D20-2595 (Fla. Dist. Ct. App. Jun. 18, 2021)

Opinion

5D20-2595

06-18-2021

JOHN M. BRACK, Appellant, v. RITA A. BRACK, Appellee.

Jill S. Barger, of Jill S. Barger, LLC, Chester, Vermont, for Appellant. Marc E. Dwyer, of Marc E. Dwyer, P.A., Flagler Beach, for Appellee.

PER CURIAM.

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

Appeal from the Circuit Court for Flagler County, Christopher A. France, Judge.

Jill S. Barger, of Jill S. Barger, LLC, Chester, Vermont, for Appellant.

Marc E. Dwyer, of Marc E. Dwyer, P.A., Flagler Beach, for Appellee.

PER CURIAM.

We affirm the final judgment entered below in the civil action brought by the former wife, Rita Brack, against her former husband. On appeal, the former husband correctly observes that the final judgment includes an erroneous factual recitation regarding the number of improper Athene retirement fund withdrawals made by the former husband after entry of the final judgment of dissolution of marriage. Although we conclude that this error did not impact the trial court's ultimate decision in any way, we remand for the trial court to enter an amended final judgment correcting such error. AFFIRMED; REMANDED for entry of amended final judgment.

EVANDER, C.J., NARDELLA and WOZNIAK, JJ., concur.