DUBOSE v. DUBOSE (2019)

District Court of Appeal of Florida, First District.

Gladys Merle DUBOSE, Appellant, v. James S. Bobby DUBOSE, Appellee.

No. 1D19-885

Decided: December 20, 2019

Michael Gates of Cotton & Gates, Shalimar, for Appellant. No appearance for Appellee.

Gladys Merle Dubose challenges the equitable distribution scheme in the amended final judgment dissolving the parties' marriage. In pertinent part, the trial court found that Mr. Dubose sold timber on marital land for $29,000 but did not share any of the proceeds with Ms. Dubose. Despite treating these proceeds as a marital asset, the trial court, likely through oversight, failed to include the proceeds in the equitable distribution plan. This was error. See Tritschler v. Tritschler, 273 So. 3d 1161, 1163 (Fla. 2d DCA 2019) (“A final judgment that fails to identify and value all of the parties' marital assets and liabilities and that fails to distribute them equitably between the parties must be reversed.”); see also § 61.075(3), Fla. Stat. We therefore reverse the amended final judgment in part and remand for further proceedings consistent with this opinion. We affirm in all other respects.

Affirmed in part, Reversed and Remanded in part.

Ray, C.J.

Lewis and Bilbrey, JJ., concur.

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