final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Edward A. Garrison, Acting Circuit Judge;
L.T. Case No. 502016DR001962XXXXMB.
Stephanie L. Serafin and Jane Kreusler-Walsh of the Law
Office of Kreusler-Walsh Vargas & Serafin, P.A., West
Palm Beach, and Robin J. Scher of the Law Offices of Robin J.
Scher, P.A., North Palm Beach, for appellant.
appearance by appellee.
Former Wife appeals the final judgment of dissolution of
marriage. We agree with her that the court erred by failing
to make findings as to: (i) whether the timesharing plan was
in the best interest of the children; (ii) the paternity of
two children; and (iii) alimony and distribution of the
Former Husband's automobile business. We reverse.
Former Husband filed a petition for dissolution of marriage
stating that "[t]here are no joint assets or ties"
and claiming there were two children common to both parties.
The Former Wife responded, requested alimony, and indicated
that the court should determine how the assets and
liabilities should be distributed. Specifically, the Former
Wife indicated that she should be awarded an interest in the
Former Husband's property because she put the money into
a business, FAS Tech Automotive Repair & Service LLC, and
because she worked doing paperwork for that business.
Further, she claimed that the Former Husband removed her name
from the business without her knowledge. The Former Husband
denied these assertions.
court held an evidentiary hearing at which counsel for the
Former Husband stated, "Your Honor, I believe there are
no assets or liabilities for equitable distribution. The only
issue pending before the Court would be timesharing and
parental responsibility." The Former Husband then
testified regarding custody of the two children, however, did
not testify about assets.
Former Wife disputed the issue of assets. She stated she had
helped him with the paperwork in his business, and her name
was removed from the business without permission. Regarding
the two children, the Former Wife testified that she did not
object to the Former Husband having custody for short periods
of time but, in the past, she had difficulty with the Former
Husband returning the children to her.
hearing's conclusion, the court granted the dissolution
and instructed the Former Husband's counsel to
"prepare a final judgment in that regard." The
court then noted that the children belonged in Palm Beach
County. Subsequently, the court issued the written Final
Judgment, finding that there were no assets nor any requests
for alimony. The Final Judgment required the Former Wife to
return the minor children to the Former Husband in Palm Beach
County but no parenting plan was attached.
Former Wife sent a letter to the court stating that she had
returned to Palm Beach County and requesting a timesharing
hearing. Two days later, the court entered an amended final
judgment. The amended final judgment provided that there
would be shared parental responsibility, with the children
spending every other weekend with the mother.
Former Wife filed a motion for rehearing raising arguments
now raised on appeal. After the court denied the motion ...