CHARLES J. KVINTA AND MARY G. KVINTA, Appellants/Cross-Appellees,
ANITA J. KVINTA, DELOITTE & TOUCHE, LLP. AND CHARLES SCHWAB & CO., INC., Appellees/Cross-Appellants.
FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Brevard County, Jennifer Opel
N. Bogdanoff and Earle W. Peterson, of The Carlyle Appellate
Law Firm, Orlando, for Appellants/Cross-Appellees.
R. Dressler and Donna Dressler, Merritt Island, for
Appellee/Cross-Appellant Anita Kvinta.
Appearance for other Appellees/Cross-Appellants.
J. Kvinta ("Former Husband") and third-party
respondent, Mary G. Kvinta ("Current Wife"), appeal
the amended final judgment entered by the trial court on
Anita Kvinta's ("Former Wife") petition that
sought equitable distribution of marital assets, spousal
support, costs, and legal fees. Former Wife cross-appeals. We
will review the relevant facts as we discuss the issues
raised on appeal to explain why we affirm in part and reverse
FACTS AND PRIOR OUT-OF-STATE LITIGATION
Wife and Former Husband first married in Ohio in 1966 and
divorced thirteen years later, but resumed living together in
Kansas in the early 1980s under circumstances that led to
their common law marriage status. In 1992, the parties
separated once more: Former Wife returned to Ohio and Former
Husband moved overseas. In 1995, Former Wife filed for legal
separation in Ohio, but that suit was ultimately dismissed
because she was unable to perfect service of process on
Former Husband. Former Wife filed another suit in Ohio
seeking a separation and distribution of certain assets,
proceeding via in rem jurisdiction based upon the presence in
Ohio of assets allegedly belonging to Former Husband or both
parties. The Ohio trial court granted legal separation and
awarded Former Wife the parties' Ohio home, and this
ruling was affirmed on appeal in Ohio in 2003.
December 8, 2004, Former Wife filed for divorce in Ohio,
naming Former Husband and Current Wife as defendants. In
2008, the Ohio trial court entered its final judgment
divorcing Former Wife and Former Husband. As part of the Ohio
court's judgment in that case, Former Wife received $351,
585, which was half the value of a Charles Schwab account
(#2582) that Former Husband had fraudulently transferred to
Current Wife. The Ohio trial court found that it lacked
jurisdiction to award Former Wife any interest in Former
Husband's Deloitte & Touche pension or other
retirement accounts. The Ohio divorce and partial property
division judgment was affirmed on appeal in 2008.
2009, Former Wife petitioned a Florida court to determine and
distribute marital assets and to award her spousal support.
Trial took place in 2016; however, no transcript of the trial
was filed with this court. The Florida trial court determined
that coincidental with the filing of the 1995 suit for
separation in Ohio, the Former Husband and Former Wife truly
separated as they stopped all communication, ceased filing
joint tax returns, had no shared interests or enterprises,
and owned no real property together. Thus, the trial court
announced that it would use January 1995 as the valuation
date for the equitable distribution of marital assets.
that background, we will begin to address the issues ...