"[B]ecause the record does not contain adequate factual findings for this court to conduct meaningful appellate review of the parental time-sharing schedule, we reverse the amended parenting plan and remand for the trial court to make the necessary factual findings."
How later courts described this case
- "[B]ecause the record does not contain adequate factual findings for this court to conduct meaningful appellate review of the parental time-sharing schedule, we reverse the amended parenting plan and remand for the trial court to make the necessary factual findings."
Written by the judges who cited it.
The opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
GEORGE CONNER L. BROWN, )
)
Appellant/Cross-Appellee, )
)
v. ) Case Nos. 2D16-1643
) 2D16-3670
TARA LIN BROWN, )
)
Appellee/Cross-Appellant. ) CONSOLIDATED
)
Opinion filed March 16, 2018.
Appeal from the Circuit Court for
Hillsborough County; Nick Nazaretian,
Judge.
Paul S. Maney of Paul S. Maney, P.A.,
Tampa, for Appellant/Cross-Appellee.
Michael J. Park, and Joseph R. Park, of
Park, Ossian, Barnaky & Park, P.A.,
Clearwater, for Appellee/Cross-Appellant.
BADALAMENTI, Judge.
George Conner L. Brown (the Husband) appeals an award of durational
alimony to Tara Lin Brown (the Wife). The Husband also appeals the trial court's order
awarding the Wife a portion of the attorney's fees and costs she incurred during the
parties' dissolution case. The Wife cross-appeals, challenging both the adequacy of the
trial court's alimony award and the trial court's parental time-sharing schedule.
Because the record does not contain adequate factual findings as to the
Wife's entitlement to attorney's fees and costs, we reverse the trial court's order on
attorney's fees and remand for the trial court to make the necessary findings in order to
facilitate complete appellate review. See Perez v. Perez, 100 So. 3d 769, 771 (Fla. 2d
DCA 2012). Likewise, because the record does not contain adequate factual findings
for this court to conduct meaningful appellate review of the parental time-sharing
schedule, we reverse the amended parenting plan and remand for the trial court to
make the necessary factual findings. See § 61.13(3), Fla. Stat. (2016); Clark v. Clark,
825 So. 2d 1016, 1017 (Fla. 1st DCA 2002). For each issue, we leave it to the
discretion of the trial court as to whether it can resolve the issue on the current record or
whether additional evidence is necessary. See Perez, 100 So. 3d at 773. We affirm all
remaining portions of the final judgment of dissolution of marriage.
Affirmed in part, reversed in part, and remanded for further proceedings
consistent with this opinion.
CASANUEVA and SALARIO, JJ., Concur.
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