final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Leon County. Kevin J.
M. Durant, Jr., B.C.S. of Boyd & Durant, P.L.,
Tallahassee; and Kristin Adamson, B.C.S., Tallahassee, for
William Ketchersid of Ward & Ketchersid, P.A., Destin;
Bryan S. Gowdy and Thomas A. Burns of Creed & Gowdy,
P.A., Jacksonville, for Appellee.
former wife challenges a final judgment of dissolution of
marriage as it relates to equitable distribution. While we
commend the trial court for a herculean effort to come up
with a fair equitable distribution scheme, especially in
light of the dearth of evidence presented by the parties as
to certain assets, we still must reverse. Under Florida
family law, the trial court erred by applying the wrong
cut-off date for determining whether assets were marital or
nonmarital. Because this error permeates throughout the final
judgment, we reverse and remand for a redetermination in
accordance with the statutory dictates and definitions in
section 61.075, Florida Statutes. We also address the trial
court's treatment of certain specific assets.
30, 2009, the parties were married in Leon County, Florida.
No children were born of this marriage; both parties had
adult children by prior marriages. Both parties had
significant assets prior to the marriage, and both were
self-supporting in their respective careers: The former wife
was employed as an account manager at Cisco Systems, and the
former husband was a retired pharmacist with several business
interests. There was no prenuptial agreement and no
disclosure of the parties' assets prior to the marriage.
September 30, 2013, the parties separated. There was no
29, 2015, nearly two years after the parties' separation,
the former wife filed a petition for dissolution of marriage.
The petition sought an equitable division of "all
assets, including real and personal property acquired by the
parties" and an equitable division of marital debts and
8, 2017, the trial court conducted a hearing on the petition
for dissolution, at which the only issues had to do with the
distribution of the parties' assets and liabilities.
While the former husband asserted that the marital financial
matters were essentially a wash, the former wife asserted
entitlement to half of the marital estate, including a number
of assets determined by the court to be non-marital.
22, 2017, the court entered Final Judgment.
Final Judgment, the court identified the numerous assets of
both parties and identified the
"premarital/nonmarital" assets to be excluded from
equitable distribution, frequently referencing the date of
separation as the date for determining whether an asset was
nonmarital. The issues in this appeal mainly concern assets
determined by the court to be the former husband's
non-marital property. The court identified the following six
assets as nonmarital assets belonging to the former husband:
1. Terrell E. Yon Revocable Trust;
2. A $250, 000 "Archstone" deposit to the Revocable
3. Terry Yon and Associates, Inc, including a $802, 128 check
from BP (on a 2010 oil spill claim), which was received in
4. DocKits company and income derived from sales made by that
5. Miramar Beach property; and
6. IRA account with SEI.
the heading "Other Property," the trial court
awarded to the former husband a lot in South Walton County
(the "Santa Rosa" property), and the
"partially completed residence and debt encumbering
same." The court found that the lot was purchased and
the "partially completed residence" was ...