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Smith v. Smith

Florida Court of Appeals, Fifth District
Nov 15, 2024
No. 5D2022-2699 (Fla. Dist. Ct. App. Nov. 15, 2024)

Opinion

5D2022-2699

11-15-2024

Shanley Dawn Smith, Appellant/Cross-Appellee, v. Gregory Emmett Smith, Appellee/Cross-Appellant.

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.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for St. Johns County. Joan Anthony, Judge LT Case No. 2018-DR-1639

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.

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.


Summaries of

Smith v. Smith

Florida Court of Appeals, Fifth District
Nov 15, 2024
No. 5D2022-2699 (Fla. Dist. Ct. App. Nov. 15, 2024)
Case details for

Smith v. Smith

Case Details

Full title:Shanley Dawn Smith, Appellant/Cross-Appellee, v. Gregory Emmett Smith…

Court:Florida Court of Appeals, Fifth District

Date published: Nov 15, 2024

Citations

No. 5D2022-2699 (Fla. Dist. Ct. App. Nov. 15, 2024)