Joshi v. Joshi
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011 RAJENDRA JOSHI, Appellant, v. Case No. 5D09-2128 RAKSHA JOSHI, Appellee. ________________________________/ Opinion filed August 19, 2011 Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge. Leslie Thomas of Longwell & Gentle, P.A., Orlando, for Appellant. Neva M. Kelaher, Winter Park, for Appellee. PALMER, J. Rajendra Joshi (husband) appeals the trial court s final dissolution judgment. We affirm in all aspects except one. The husband argues that the trial court erred in finding that he took for himself an $1,800.00 stimulus check distributed to the marital household as part of the 2008 Economic Stimulus Program. We agree. The record demonstrates that Raksha Joshi (wife) testified that she never received a check from the Economic Stimulus Program. Thus, the record contains no support for the conclusion that a stimulus check was ever received. Because there is no evidence to support the court s assignment of an $1,800.00 value to that check, the trial court abused its discretion by allocating the value thereof to the husband s equitable distribution. Accordingly, we remand this case to the trial court for removal of the $1,800.00 stimulus check from the equitable distribution scheme, and for any adjustments necessary in the equitable distribution scheme as a result of that deletion. AFFIRMED in part; REVERSED in part; and REMANDED. MONACO and JACOBUS, JJ., concur. 2
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