Opinion
No. 2D21-278
02-25-2022
Maryann FABRIZIO, Appellant, v. Steven FABRIZIO, Appellee.
J. Andrew Crawford of J. Andrew Crawford, P.A., St. Petersburg, for Appellant. Davis S. Ristoff of The Law Office of David S. Ristoff, PLLC, Clearwater, for Appellee.
J. Andrew Crawford of J. Andrew Crawford, P.A., St. Petersburg, for Appellant.
Davis S. Ristoff of The Law Office of David S. Ristoff, PLLC, Clearwater, for Appellee.
PER CURIAM.
Maryann Fabrizio appeals an amended final judgment dissolving her marriage to Steven Fabrizio. Ms. Fabrizio argues on appeal that the trial court erred in awarding her permanent modifiable alimony in the amount of one dollar per year. Because the trial court failed to include specific findings of fact relating to alimony as required by section 61.08, Florida Statutes (2016), we reverse the alimony portion of the trial court's amended final judgment of dissolution and remand for further proceedings consistent with this opinion. All other portions of the amended final judgment of dissolution are affirmed without comment.
Section 61.08(2) provides that "[i]n determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance." § 61.08(2). "The failure of a trial court to include statutorily required findings of fact to support its denial [or award] of alimony is error." Cook v. Cook , 215 So. 3d 188, 189 (Fla. 2d DCA 2017) (citing Staton v. Staton , 710 So. 2d 744, 745–46 (Fla. 2d DCA 1998) ).
Here, the trial court did not include any of the statutorily required findings of fact to support its award of nominal alimony in the amended final judgment of dissolution. The only finding made by the trial court relating to alimony was the following:
In view of this equitable distribution, and having considered the parties financial circumstances and the factors under Section 61.08 of the Florida Statutes, including the fact that these parties have been separated for over a decade, the former wife is hereby awarded permanent modifiable alimony in the amount of one dollar ($1.00) each year, beginning on January 1, 2021.
Further, the transcript of the final hearing in the record on appeal does not reveal whether the trial court made the factual determination as to whether Ms. Fabrizio had an actual need for alimony or whether Mr. Fabrizio had the ability to pay alimony.
Accordingly, we reverse the alimony portion of the amended final judgment of dissolution and remand for the trial court to make appropriate findings as required by section 61.08. If necessary, the trial court may rehear the evidence to address the issue of alimony. See Reaves v. Reaves , 546 So. 2d 744, 745 (Fla. 2d DCA 1989) ("A successor judge who does not hear all the evidence may only enter a verdict or judgment upon a retrial or if the parties so stipulate on the basis of the record of the prior proceedings.").
Judge Peter Ramsberger resigned from the Sixth Judicial Circuit on December 31, 2020.
Affirmed in part; reversed in part; remanded.
CASANUEVA and VILLANTI, JJ., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur.