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Rodney Stewart, Former Husband v. Darla Jane Stewart, Former Wife, 18-3348 (2019)

Court: District Court of Appeal of Florida Number: 18-3348 Visitors: 6
Filed: Jul. 23, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-3348 _ RODNEY STEWART, Former Husband, Appellant, v. DARLA JANE STEWART, Former Wife, Appellee. _ On appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge. July 23, 2019 PER CURIAM. This is the second time this matter is before us. The first resulted in our opinion in Stewart v. Stewart, 237 So. 3d 450 (Fla. 1st DCA 2018), in which we reversed and remanded portions of the lower tribunal’s amended final judgment of diss
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D18-3348
                 _____________________________

RODNEY STEWART, Former
Husband,

    Appellant,

    v.

DARLA JANE STEWART, Former
Wife,

    Appellee.

                 _____________________________


On appeal from the Circuit Court for Santa Rosa County.
David Rimmer, Judge.

                          July 23, 2019


PER CURIAM.

     This is the second time this matter is before us. The first
resulted in our opinion in Stewart v. Stewart, 
237 So. 3d 450
(Fla.
1st DCA 2018), in which we reversed and remanded portions of the
lower tribunal’s amended final judgment of dissolution to
recalculate the value of certain assets. The lower court
subsequently revisited the valuations discussed in our prior
opinion and issued a remand order. We now review those portions
of the lower court’s remand order concerning the court’s valuation
of the personal property of the marriage and what was referred to
as the marital home located at Arnie’s Way.
    Without further comment, we affirm the trial court’s
valuation of the personal property based on Former Husband’s
own amended financial affidavit. As to the Arnie’s Way property,
Former Husband argues that the trial court erred by listing it as a
marital asset. Former Wife concedes the point. Therefore, we
reverse that portion of the remand order and distribution table and
remand to the trial court to correct the error and proceed
accordingly.

    REVERSED and REMANDED.

LEWIS, ROBERTS, and M.K. THOMAS, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


E. Jane Brehany of E. Jane Brehany, P.A., Pensacola, for
Appellant.

Jill W. Warren of the Law Office of Jill W. Warren, PLLC,
Pensacola, for Appellee.




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Source:  CourtListener

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