SMITH v. SMITH (2024)

District Court of Appeal of Florida, Fifth District.

Shanley Dawn SMITH, Appellant/Cross-Appellee, v. Gregory Emmett SMITH, Appellee/Cross-Appellant.

Case No. 5D2022-2699

Decided: November 15, 2024

Michael D. Lee, of The Liles Firm, P.A., Jacksonville, and Rebecca Bowen Creed, of Creed & Gowdy, P.A., Jacksonville, for Appellant/Cross-Appellee. Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, for Appellee/Cross-Appellant.

The parties appeal from an amended final judgment dissolving their marriage and equitably distributing their assets. Former Wife argues that the trial court erred when it credited Former Husband $950,000 (paid to resolve a 2018 joint tax liability) twice in the equitable distribution. We agree and remand for correction on this issue. See Palmer v. Palmer, 316 So. 3d 411, 417 (Fla. 5th DCA 2021) (“[T]he amended final judgment inadvertently distributed this $22,041 asset to Former Husband twice, which is to be corrected on remand.”). We otherwise affirm.

Affirmed in part, Reversed in part, and Remanded with directions.

Per Curiam.

Eisnaugle, Harris, and Kilbane, JJ., concur.

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