Estate of Clyde L. Harriger v. Harriger , 2017 Fla. App. LEXIS 3894 ( 2017 )

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ESTATE OF CLYDE L. HARRIGER,
Appellant,
v. Case No. 5D16-1708
ALICE JEAN ROGERS HARRIGER,
Appellee.
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Opinion filed March 24, 2017
Appeal from the Circuit Court
for Volusia County,
Karen Adams Foxman, Judge.
Allison J. McCabe and Susanne D.
McCabe, of McCabe Law Firm, Port
Orange, for Appellant.
No Appearance for Appellee.
PER CURIAM.
The estate of Clyde L. Harriger (“Former Husband”) appeals the Final Judgment
of Dissolution of Marriage regarding Former Husband and Alice Jean Rogers Harriger
(“Former Wife”). Former Husband raises three issues on appeal, contending that the trial
court erred in: 1) considering the subject of nonmarital property despite Former Wife’s
failure to raise it in her pleadings; 2) determining that Former Wife possessed nonmarital
property and categorizing two Bank of America accounts as nonmarital; and 3) failing to
make factual findings regarding six Wells Fargo accounts. We affirm as to the first two
issues without further discussion.
As to the third issue, we reverse and remand for the trial court to make factual
findings regarding the Wells Fargo bank accounts. See Winney v. Winney, 979 So. 2d
396, 400 (Fla. 1st DCA 2008) (“A trial court’s failure to make adequate factual findings in
a final judgment of dissolution of marriage is typically reversible error because, in most
circumstances, this failure precludes meaningful appellate review.”). Specifically, the trial
court is directed on remand to make written findings stating whether these accounts are
marital or nonmarital property.
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, TORPY and BERGER, JJ., concur.
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