Wilcox v. Wilcox
Wilcox v. Wilcox
Opinion of the Court
Patricia Jacqueline Wilcox (the former wife) appeals from an amended final judgment entered after remand by this court in Wilcox v. Wilcox, 729 So.2d 506 (Fla. 2d DCA 1999). In Wilcox I, we reversed the equitable distribution plan and the award of child support, and remanded for the trial court to make the appropriate requisite statutory findings. On remand, the trial court did not hold an evidentiary hearing but ordered the parties, as a result of a status conference, to submit memoran-da of law and findings of fact regarding the issues before the court on remand. The memorandum submitted on behalf of Sylvan Ray Wilcox (the former husband) was deliberately not served on the former wife. Thereafter, the trial judge corresponded with the parties and advised that he would enter an amended final judgment accepting all of the facts and law as set forth in the former husband’s memorandum. We again reverse and remand for further proceedings.
On remand, the trial judge is directed to hold such evidentiary hearings as may be necessary to properly and correctly determine child support and to make equitable distribution of the former husband’s pension plan. In light of the parties’ financial circumstances that may develop as a result of this reversal and remand, the trial judge should reexamine the need for and ability to pay an award of attorney’s fees.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.