Opinion
No. 4D22-1766
08-09-2023
Cynthia PRINCE, Appellant, v. Alix HONORE, E Tax Software, LLC, Hp FL Investment Groups, LLC, and Hand of Healing Home Healthcare, Inc., Appellees.
Jessica L. Underwood, Robin Bresky, and Jonathan Mann of Schwartz Sladkus Reich Greenberg Atlas LLP, Boca Raton, for appellant. Gina Szapucki and Eddie Stephens of Stephens & Stevens, PLLC, West Palm Beach, for appellee Alix Honore.
Jessica L. Underwood, Robin Bresky, and Jonathan Mann of Schwartz Sladkus Reich Greenberg Atlas LLP, Boca Raton, for appellant.
Gina Szapucki and Eddie Stephens of Stephens & Stevens, PLLC, West Palm Beach, for appellee Alix Honore.
Per Curiam.
The appellant, Cynthia Prince, appeals the final judgment of dissolution of marriage, raising several issues, only one of which we find warrants reversal.
In the final judgment, the trial court deemed "the date of filing the Petition for Dissolution of Marriage" as equitable for valuation of assets and liabilities. The trial court also rejected the appellant's request to use a different date for valuation, finding "there was no evidence presented or testimony taken that support her request." However, without explanation, the trial court accepted the appellee's marital home valuation, which was based on home sales that had occurred more than three years after the filing date. The appellant argues, the appellee concedes, and we agree, that under these circumstances, the trial court erred in accepting the appellee's marital home valuation. See Tritschler v. Tritschler , 273 So. 3d 1161, 1164-66 (Fla. 2d DCA 2019) (reversing in part where equitable distribution scheme used different dates of valuation without explanation).
Although "[d]ifferent assets may be valued as of different dates, as, in the judge's discretion, the circumstances require," section 61.075(7), Florida Statutes (2017), "[t]he trial court's equitable distribution scheme must comply with all the requirements of section 61.075 and be supported by proper findings establishing that the date of valuation is equitable." Fiala v. Fiala , 333 So. 3d 215, 220 (Fla. 4th DCA 2022) (quoting Morgan v. Morgan , 327 So. 3d 898, 900 (Fla. 2d DCA 2021) ).
Affirmed in part, reversed in part, and remanded for further proceedings.
May, Ciklin and Conner, JJ., concur.