The 2023 Florida Statutes (including Special Session C)
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. . . -Section 61.077, Florida Statutes (2015), provides: A party is not entitled to any credits or setoffs . . . , the record does not establish that the trial court considered the factors enumerated in section.- 61.077 . . . silent on matter and record did not indicate that trial court considered factors outlined in section 61.077 . . .
. . . Because the trial court’s order did not reflect that it considered (i) the factors in section 61.077, . . . With respect to the granting of credits or setoffs relating to the sale of the marital home, section 61.077 . . . The statute is clear, however, that the eight factors enumerated in section 61.077 “shall be considered . . . On remand, the trial court should specifically address the factors enumerated in section 61.077 and determine . . .
. . . Because it is unclear whether the trial court considered the factors set forth in section 61.077, Florida . . . Section 61.077 provides, in part: A party is not entitled to any credits or setoffs upon the sale of . . . court to address whether the former wife was entitled to credits and setoffs in accordance with section 61.077 . . .
. . . Section 61.077, Florida Statutes (2008), provides: A party is not entitled to any credits or setoffs . . . The final judgment does not reference section 61.077 or outline the factors which the trial court used . . . Silverman, 940 So.2d 615, 618 (Fla. 2d DCA 2006) (remanding for trial court to address factors in section 61.077 . . .
. . . the former husband’s payments in excess of the fair rental value, if any, in accordance with section 61.077 . . .
. . . to which Husband may be entitled for his mortgage payments on the marital home, pursuant to section 61.077 . . . entitled to credits or setoffs for his mortgage payments on the marital home, in accordance with section 61.077 . . .
. . . the equities of the situation in this partition action existed long prior to the enactment of section 61.077 . . . , Florida Statutes (1997), and Appellee/Cross-Appellant's argument on cross-appeal that section 61.077 . . .
. . . See also § 61.077, Fla. Stat. (2002). . . .
. . . See § 61.077 (providing factors to determine credits and setoffs upon sale of marital home). . . . See § 61.077(2) (requiring court to consider whether alimony is being awarded to cover expenses of marital . . .
. . . husband and GE Commercial Distribution Finance Corporation because it is inconsistent with section 61.077 . . . specifically provides that certain credits or setoffs are allowed or given at the time of the sale.” § 61.077 . . . In such a situation, section 61.077 allows the court to consider certain factors in determining the issue . . . Amended Final Judgment does not reflect that the trial court evaluated any of the factors in section 61.077 . . . The husband argues that the trial court’s order was justified under the eighth factor of section 61.077 . . .
. . . Further, section 61.077, Florida Statutes (2003), states that a party to a dissolution action is precluded . . .
. . . requested “a reasonable rental value and or set-off as determined by the statutory factors set forth F.S. 61.077 . . .
. . . Therefore, upon remand, pursuant to section 61.077, Florida Statutes (2005), the trial court is to determine . . .
. . . Neither the parties nor the trial court’s judgment references section 61.077, which provides as follows . . . 827, 828 (Fla. 4th DCA 2006) (remanding for the trial court to address, in accordance with section 61.077 . . . specifically address credits and setoffs on the sale of the marital residence in accordance with section 61.077 . . . Section 61.077, Florida Statutes, was enacted in 1997. See Ch. 97-249, at 4507-08, Laws, of Fla. . . . All the cases that the parties cite on this issue were decided before section 61.077 was enacted. . . .
. . . Section 61.077, Florida Statutes, provides, in relevant part, A party is not entitled to any credits . . . specifically provides that certain credits or setoffs are allowed or given at the time of the sale. § 61.077 . . .
. . . Furthermore, Section 61.077, Florida Statutes, which establishes the criteria for determination of entitlement . . . Section 61.077(1), Florida Statutes (2004), requires that the court consider the grounds upon which exclusive . . .
. . . Appellee responds that the statutory clarity of section 61.077, Florida Statutes (1997), obviates any . . . Section 61.077, Florida Statutes, provides in pertinent part: A party is not entitled to any credits . . . petition for dissolution of marriage was filed January 14, 1997, before the effective date of section 61.077 . . . served as an alternative means of bringing the sale of the marital home within the provisions of section 61.077 . . .