Viewing entries tagged
Equitable Distribution Credits

Florida divorce: Wrong classification of non-marital property was "harmless error"

Posted by Nydia Streets of Streets Law in Florida Divorce

In the appellate case Goley v. Goley, 1D18-9 (Fla. 1st DCA May 6, 2019), the former wife appealed a trial court’s decision to credit real property to her in equitable distribution which she contended reduced her alimony award and affected her entitlement to attorneys’ fees. Although the appellate court found the trial court erroneously concluded the property was marital, it nonetheless affirmed the trial court’s ruling.

Florida divorce: Credit for marital expenses after a motion for rehearing is filed

Posted by Nydia Streets of Streets Law in Florida Divorce

A party who disagrees with a court ruling in a Florida divorce has the right to challenge that ruling in various ways. One method (which is often required before the party can appeal to a higher court) is to file a timely motion for rehearing and/or reconsideration after a final judgment is entered. With this motion, a party can ask a court to “fix” mistakes the court may have made in entering the final judgment, such as overlooking certain evidence, not applying the correct standard of law, not making required findings, etc. As one recent appellate case shows, it is important to ask for certain relief that extends beyond a motion for rehearing in order to preserve a claim to that relief.