Fitzpatrick v. Fitzpatrick
Fitzpatrick v. Fitzpatrick
Opinion of the Court
In this appeal and cross-appeal of a final judgment of dissolution, Vera Heldreth Fitzpatrick, the former wife, argues that the lower court abused its discretion in entering a final judgment which was inconsistent with certain findings made at the conclusion of an evidentiary hearing held approximately five and a half months before the final judgment was entered. The appellee, Michael Leo Fitzpatrick, the former husband also seeks reversal of the final judgment arguing the lower court erred in its valuation of the retirement plan as stated, in the final judgment and in awarding attorney’s fees to the former wife. We reverse.
In McKenzie v. McKenzie, 672 So.2d 48 (Fla. 1st DCA 1996), this court noted that certain inconsistencies in the final judgment suggested that the trial court may not have recalled the evidence at the final hearing. Similarly, in the instant ease, certain findings contained in the final judgment regarding valuation, such as the value of the marital home and the value of the former husband’s civil service pension, suggest the lower court had overlooked or failed to recall findings earlier made. Further, while we do not hold that a five and a half month delay between a final hearing and entry of final judgment is
REVERSED and REMANDED for further proceedings.
Reference
- Full Case Name
- Vera Heldreth FITZPATRICK v. Michael Leo FITZPATRICK
- Cited By
- 1 case
- Status
- Published