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Oakley v. Oakley8/10/2001
record, we note that the trial court specifically found that Ms. Oakley's Florida condominium was separate property. For the reasons already discussed above, this court may not reverse the court's factual findings unless they are contrary to the preponderance of the evidence. Upon our review of the record, we cannot state that the trial court's determination in this matter is contrary to the preponderance of the evidence. As a result, we hereby affirm the trial court's finding that Ms. Oakley's Florida condominium is separate property.
Conclusion
In summary, we reverse the award of alimony in futuro, modify the rehabilitative alimony, affirm the alimony in solido, reverse the trial court's decision to award Wife a portion of Husband's separate property consisting of stocks and securities, affirm the decision that the increase in the real property is marital property, affirm the determination that the Florida condo is Wife's separate property and affirm the decision that Wife made a substantial contribution to any increase in the value of the business. On remand, a determination must be made as to the value of the business at the time Husband acquired it. This cause is remanded to the trial court for a division of marital property in accordance with this opinion.
Costs on appeal are taxed equally to appellant, James Spencer Oakley, and appellee, Patsy Hill Oakley, and their sureties, for which execution may issue if necessary.
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