Family LawEquitable Distributionfamily lawequitable distributionmarital residencerelief from judgmentaffirmed without prejudicesection 61.075
Facts
Marcos Reyes was the appellant in a family law case involving a marital residence. He filed an amended motion for relief from judgment, which the trial court denied. On appeal, the appellate court addressed that denial and noted that the equitable distribution of the marital residence remained to be completed. The opinion cites section 61.075, Florida Statutes (2014).
Issue
Whether the trial court’s denial of Marcos Reyes’s amended motion for relief from judgment should be reversed, and what effect any incomplete equitable distribution of the marital residence has on the disposition of the appeal.
Rule
An appellate court may affirm the denial of relief from judgment without prejudice to the trial court’s completion of the equitable distribution of the marital residence under section 61.075, Florida Statutes (2014).
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a dissolution action in Miami, a circuit court denied Elena Ortiz’s amended motion for relief from judgment. The final judgment left unresolved how the parties’ marital condominium would be equitably distributed.
On appeal, which disposition is most consistent with the governing rule?
Explanation. The controlling rule is narrow: an appellate court may affirm the denial of relief from judgment without prejudice to the trial court’s completion of equitable distribution of the marital residence under section 61.075. The unresolved residence issue does not require automatic reversal of the denial or a new trial on everything.