5D07-1143 Hoye v. Hoye

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-1143

Case Date: 01/19/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

MARY ANNE HOYE, Appellant, v. STEVEN P. HOYE, Appellee. ________________________________/ Opinion filed January 23, 2009 Appeal from the Circuit Court for Orange County, Janet C. Thorpe, Judge. Gary S. Israel, Orlando, for Appellant. David T. Roberts of Roberts & Robold, P.A., and Shannon L. Akins of Law Offices of Shannon L. Akins, P.A., Orlando, for Appellee. Case No. 5D07-1143

TORPY, J. We reverse the final judgment in this marriage dissolution case on three points because certain of the lower court's findings were either contrary to the evidence or unsupported by sufficient factual findings, and because the court failed to valuate and distribute all the marital assets. First, we agree with Appellant that the court erred in its distribution of the art collection. In its oral ruling, the trial court apparently accepted Appellant's testimony

that Appellee had taken the Lladro collection, a marital asset. Nevertheless, in the final judgment, the trial court awarded less than half the value of the collection, based on the assumption that Appellant had retained possession of part of the collection. Second, we conclude that the trial court should have distributed the money held by Appellee in the escrow accounts or provided an explanation for its failure to do so. Finally, we conclude that the failure of the lower court to provide values for the tractor trailer, the trucking business and the Les Quails corporation, all significant assets, requires reversal.

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