Domenick Grasso v. Kara S. Grasso ( 2019 )


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  •           FIRST DISTRICT COURT OF APPEAL
    STATE OF FLORIDA
    _____________________________
    No. 1D18-1479
    _____________________________
    DOMENICK GRASSO,
    Appellant/Cross-Appellee,
    v.
    KARA S. GRASSO,
    Appellee/Cross-Appellant.
    _____________________________
    On appeal from the Circuit Court for Escambia County.
    Jennie Kinsey, Judge.
    February 18, 2019
    PER CURIAM.
    Former husband appeals the amended final judgement of
    dissolution of marriage, raising issues related to: valuations of
    marital property for equitable distribution, imputation of income
    for calculating child support and retroactive child support, and the
    securing of child support via a life insurance policy. Former wife
    cross-appeals, claiming error in the denial of her request for
    attorney’s fees. We affirm as to all issues on the appeal and cross-
    appeal except the life insurance issue, which we now discuss.
    A trial court is authorized to order a party to purchase or
    maintain a life insurance policy “to the extent necessary to protect
    an award of child support.” Fla. Stat. § 61.13(1)(c) (2017). A trial
    court, however, may not do so “without making factual findings
    regarding the necessity of such coverage.” Winney v. Winney, 
    979 So. 2d 396
    , 400 (Fla. 1st DCA 2008); Kotlarz v. Kotlarz, 
    21 So. 3d 892
    , 893 (Fla. 1st DCA 2009) (“In order to support the life
    insurance requirement, the trial court must make specific
    evidentiary findings as to the availability and cost of insurance,
    the obligor's ability to pay, and the special circumstances that
    warrant such security.”). We agree with the former husband that
    the trial court did not make the requisite factual findings (a point
    the former wife does not address in her answer brief), and we are
    unable to determine whether this error was harmless. 
    Winney, 979 So. 2d at 401
    . We, therefore, reverse the amended final
    judgment as to the life insurance policy and remand for a
    determination supported by specific evidentiary findings in
    support of the life insurance requirement. Therriault v. Therriault,
    
    102 So. 3d 711
    , 714 (Fla. 1st DCA 2012).
    AFFIRMED in part, REVERSED in part, and REMANDED.
    WOLF, MAKAR, and M.K. THOMAS, JJ., concur.
    _____________________________
    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
    _____________________________
    Domenick Grasso, Pro se, Appellant.
    Ross A. Keene and Nicole Kessler Ferry, Pensacola, for Appellee.
    2
    

Document Info

Docket Number: 18-1479

Filed Date: 2/18/2019

Precedential Status: Precedential

Modified Date: 6/11/2019