Legal Opinion · Dissent

Rotta v. Rotta

District Court of Appeal of Florida

Decided August 3, 2011No. 3D10-2982Published

1DissentRothenberg, J.

This is the second appeal of a judgment determining the financial obligations of the parties in the dissolution of their marriage. Because the trial court on remand failed to give the former husband credit for the $400,000 he advanced to the former wife towards the amounts he owed her, I would reverse the final judgment issued by the trial court. To hold otherwise essentially would treat the $400,000 the former husband paid the former wife to resolve any debts he owed her as a gift. To treat the $400,000 as a gift is contrary to the factual findings of the trial court and contrary to the…

2Cases cited12 opinions

  1. Shaw v. ShawSupreme Court of Florida · 1976
  2. Strazzulla v. HendrickSupreme Court of Florida · 1965
  3. Valsecchi v. Proprietors Ins. Co.District Court of Appeal of Florida · 1987
  4. Bakerman v. the Bombay Co., Inc.Supreme Court of Florida · 2007
  5. R & B Holding Co. v. Christopher Advertising Group, Inc.District Court of Appeal of Florida · 2008

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