From Casetext: Smarter Legal Research

Mobley v. Mobley

District Court of Appeal of Florida, Fifth District
Jan 22, 1999
724 So. 2d 697 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-3216

January 22, 1999.

Appeal from the Circuit Court for Seminole County, Nancy F. Alley, Judge.

Sharon Lee Stedman, P.A., Orlando, for Appellant.

Paul N. Schaefer, Longwood, for Appellee.


Pamela D. Mobley appeals the final judgment dissolving her marriage. Although she raises several points on appeal, we find merit only in her allegation that all of the marital assets were not listed in the final judgment and that they were not equitably distributed.

We remind the parties that it is their obligation to present evidence of the existence and value of marital assets and the existence and balances due of marital debts in order for the court to include them in the final judgment. See Moon v. Moon, 594 So.2d 819, 822 (Fla. 1st DCA 1992).

In this case, the parties were embroiled in a custody battle that dominated the trial and presentation of the details of marital assets was slim, except for the marital residence which was adequately described and awarded in the final judgment. The record does reflect, however, that two marital assets existed at the time the petition for dissolution was filed and that the former husband liquidated them shortly thereafter, without giving any detail as to the disposition of the proceeds, except that the former wife did not receive any portion of them. The assets, a deferred compensation plan valued at $7,744 and Texaco stock valued at $1,074, should have been listed as marital assets and awarded in some equitable manner to the parties or an explanation made of their omission. § 61.075(3), Fla. Stat. (1997).

We affirm the final judgment with the exception of the omission of these two marital assets and remand to the trial court to either award one half ($4,409) of the value of these two assets to the former wife or supplement the judgment with findings, reasons, and awards for some other manner of disposition.

AFFIRMED; REMANDED FOR FURTHER PROCEEDINGS.

COBB and HARRIS, JJ., concur.


Summaries of

Mobley v. Mobley

District Court of Appeal of Florida, Fifth District
Jan 22, 1999
724 So. 2d 697 (Fla. Dist. Ct. App. 1999)
Case details for

Mobley v. Mobley

Case Details

Full title:Pamela D. MOBLEY, Appellant, v. Edwin R. MOBLEY, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 22, 1999

Citations

724 So. 2d 697 (Fla. Dist. Ct. App. 1999)

Citing Cases

Sanders v. Peterson-Sanders

"The parties in a dissolution of marriage action have an obligation ‘to present evidence of the existence and…

Mobley v. Mobley

AFFIRMED; REMANDED FOR FURTHER PROCEEDINGS. Mobley v. Mobley, 724 So.2d 697 (Fla. 5th DCA 1999) (emphasis…