Brown v. Brown

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 B. BROWN, Appellant, v. L. BROWN, Appellee. No. 4D07-2770 [September 17, 2008] PER CURIAM. We reverse the final judgment of dissolution of marriage and remand to the circuit court for a new hearing on the issue of the valuation of the stock in Brown Distributing Company, Inc. The circuit court rejected the testimony of the parties experts and came up with its own methodology to value the stock. The trial court s valuation is inconsistent with the trial court s own findings and has no basis in the evidence. See generally Mullen v. Mullen, 825 So. 2d 1078, 1079 (Fla. 4th DCA 2002) (quoting Moon v. Moon, 594 Sol. 2d 819, 822 (Fla. 1st DCA 1992) ( [although a] trial court has broad discretion in valuing [marital assets], the trial court must arrive at an appropriate figure without merely resorting to an estimation. ). Th e former husband has made a yeoman s effort to support the trial court s finding, with a convoluted methodology relying on figures expressly rejected by the trial court. Along with revaluing the stock, a n d reconsidering equitable distribution, the trial court may reconsider its alimony award. We find no error with respect to the third point raised on appeal. Reversed and remanded. SHAHOOD, C.J., GROSS, J., and TUNIS, DAVA, Associate Judge, concur. * * * Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Martin H. Colin, Judge; L.T. Case No. 2005 DR 014126. Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, Michael P. Walsh of Michael P. Walsh, P.A., West Palm Beach, and A.J. Barranco, Raymond J. Rafool and Marianne Kircher of Barranco & Kircher, P.A., Miami, for appellant. Neil B. Jagolinzer of Christiansen & Jacknin, Lawyers, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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