Holitzner v. Holitzner, 920 So. 2d 827 (Fla. 4th DCA 2006). · Go Syfert
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Holitzner v. Holitzner, 920 So. 2d 827 (Fla. 4th DCA 2006). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Gonzalez Del Real v. Del Real (fladistctapp, 2014-05-28)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Gonzalez Del Real v. Del Real
Fla. Dist. Ct. App. · 2014 · confidence medium
See Silverman v. Silverman, 940 So.2d 615, 618 (Fla. 2d DCA 2006) (remanding for the trial court to address whether the former wife was entitled to credits and setoffs in accordance with section 61.077); Holitzner v. Holitzner, 920 So.2d 827, 828 (Fla. 4th DCA 2006).
discussed Cited as authority (rule) Swergold v. Swergold
Fla. Dist. Ct. App. · 2012 · confidence medium
See, e.g., Silverman v. Silverman, 940 So.2d 615, 618 (Fla. 2d DCA 2006) (remanding for trial court to address factors in section 61.077 and whether wife was entitled to credits or setoffs upon sale of marital home, where final judgment was silent on matter); Holitzner v. Holitzner, 920 So.2d 827, 828 (Fla. 4th DCA 2006) (remanding for reconsideration where trial court failed to specify how proceeds from sale of marital home would be distributed and whether wife, as co-tenant, would be entitled to reimbursement for expenses related to the home).
cited Cited "see, e.g." Cardella-Navarro v. Navarro
Fla. Dist. Ct. App. · 2008 · signal: see also · confidence medium
See also Holitzner v. Holitzner, 920 So.2d 827, 828 (Fla. 4th DCA 2006).
discussed Cited "see, e.g." Silverman v. Silverman
Fla. Dist. Ct. App. · 2006 · signal: see also · confidence medium
The statute then lists the factors the trial court should consider in determining the issue. [1] Id.; see also Holitzner v. Holitzner, 920 So.2d 827, 828 (Fla. 4th DCA 2006) (remanding for the trial court to address, in accordance with section 61.077, the issue of whether the wife was entitled to credits or setoffs upon sale of the marital home).
Retrieving the full opinion text from the archive…
Sandra HOLITZNER, Appellant,
v.
Thomas HOLITZNER, Appellee.
4D05-440.
District Court of Appeal of Florida, Fourth District.
Feb 22, 2006.
920 So. 2d 827
Imperato.
Cited by 5 opinions  |  Published

[*828] Rosemarie W. Guerini of Robin Roshkind, P.A., West Palm Beach, for appellant.

Susan G. Chopin of Chopin & Chopin, LLP, West Palm Beach, for appellee.

IMPERATO, CYNTHIA, Associate Judge.

We affirm and remand for findings in accordance with this opinion. It appears the trial court, pursuant to section 61.075, Florida Statutes, sought to divide the marital assets equally and allow the wife to live in the marital home until the children were emancipated. However, it is unclear how the proceeds from the marital home were to be distributed once the home is sold, and if the former wife is entitled to reimbursement as a co-tenant for all expenses relating to the home that she incurs during the period of exclusive possession.

Section 61.077, Florida Statutes, provides, in relevant part,

A party is not entitled to any credits or setoffs upon the sale of the marital home unless the parties' settlement agreement, final judgment of dissolution of marriage, or final judgment equitably distributing assets or debts specifically provides that certain credits or setoffs are allowed or given at the time of the sale.

§ 61.077, Fla. Stat. (2005).

Therefore, we remand to the trial court to address the issue of whether the wife is entitled to any credits or set-offs upon the sale of the marital home.

GROSS and MAY, JJ., concur.