Legal Opinion

Carnicella v. Carnicella

District Court of Appeal of Florida

Decided June 13, 2014No. 5D13-1414PublishedCited by 1 opinion

1Opinion of the CourtWallis, J.

Thomas Carnicella (“Appellant”) appeals the trial court’s denial of a motion for new trial after a final judgment of dissolution of marriage and equitable distribution, which resulted in equalizing payments to Sheri Carnicella (“Appellee”). Appellant argues that because the trial court abdicated its judicial responsibility, a new trial is warranted for the equitable distribution. We agree and, therefore, reverse and remand for a new trial regarding only the equitable distribution. Although the trial court *698committed many errors, we highlight three as worthy of ordering a new trial.

Before the…

2Cases cited5 opinions

  1. Ascontec Consulting, Inc. v. YoungDistrict Court of Appeal of Florida · 1998
  2. Caswell v. CaswellDistrict Court of Appeal of Florida · 1996
  3. Florida Air Academy, Inc. v. McKinleyDistrict Court of Appeal of Florida · 1997
  4. Schmitz v. SchmitzDistrict Court of Appeal of Florida · 2007
  5. Henin v. HeninDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. K.H., THE FATHER v. DEPT. OF CHILDREN & FAMILIESDistrict Court of Appeal of Florida · 2019

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