Firm Wins Family Law Appeal in Fifth DCA
Firm attorneys Robin Bresky and Michele Feinzig recently prevailed in a hotly contested family law matter making its second appearance in the Fifth District Court of Appeal. In the initial appeal, the Fifth District ruled that the trial court had improperly included certain depleted marital assets in its equitable distribution, and reversed and remanded for reconsideration of the distribution scheme “to address this issue.” On remand, the Former Husband convinced the trial judge to simply re-distribute the improperly included depleted assets, and determine what credit he was entitled to with respect to the sale of the former marital home, without conducting further hearings into the matter so as to reconsider the entire equitable distribution scheme. In the second appeal, the Fifth District agreed with us that the trial court erred in not reconsidering the entire equitable distribution scheme on remand, and had failed to follow the instructions of the appellate court Mandate. Now that the appellate court has made clear what must occur on remand, our client will be permitted to present her position to the trial court, and receive a proper equitable distribution.