Donald Lilly v. Lynne Lilly

Summary

The Florida Fifth District Court of Appeal reviewed cross-appeals from an amended final judgment dissolving the parties' marriage. The court held that the trial court improperly changed the valuation date and values of the parties' retirement accounts without competent, substantial evidence, and remanded for correction of the judgment or an evidentiary hearing. All other issues were affirmed without discussion.

Holdings

1. Although the trial court has discretion under section 61.075(7), Florida Statutes, to select an equitable date for valuing assets, it must establish the asset value based on competent, substantial evidence under section 61.075(3). The trial court erred by changing the retirement-account valuation date and values without such evidence.

Questions Presented

1. Whether the trial court erred by changing the valuation date and values of the parties' retirement accounts in the amended final judgment without evidentiary support.
2. Whether the remaining issues raised in the parties' appeals concerning equitable distribution, alimony, and attorney's fees required appellate relief.

Disposition

reversed_and_remanded