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Taylor v Taylor Made Plastics Divorce

Taylor v Taylor Made Plastics Divorce

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Divorce decree
Divorce decree

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Published by: propertyintangible on May 05, 2013
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RECORDED iN OFFiCIAL RECORDS 8 PG INSTRUMENT #2011028713

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAf1
IN RE; THE MARRIAGE OF
James R. Taylor, PetitionertHusband,

IN AND FOR SARASOTA COUNTY FLOR.W4RK OF THE CIRCUIT COURT
SARASOTA COUNTY, FLORIDA CIVIL COURTS Receipt # 136785 Doc Stamp.Mort: $0.00 Doe Stamp.Oeed: $0.00 intang. Tax:

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and Mary Louisa Taylor, Respondent/Vife..

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CASE NO. 2006-DR-O9

FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE

This cause came before the Court for Final Hearing, the Court having heard testimony and received evidence, makes the following findings of facts:

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BACKGROUND FACTS: I

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The Husband, James B. Taylor, and the Wife, Mary Louisa Taylor, were ma6a CmFebroary 14,1987.
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2.

There were two children born of this marriage, whom have attained the age of majority and
are emancipated.

3. 4. 5.

The parties separated in November 2005. The Petition for Dissolution of Marriage was filed on July 26, 2006. Both parties were residents of the State of Florida for the six months preceding the filing of the Petition for Dissolution of Marriage.

6. 7.

Venue is proper in Sarasota County, Florida. Both parties are mentally competent. 1

!aaassseee      888:::111222-­-­-cccvvv-­-­-000000777444666-­-­-EEEAAAKKK-­-­-AAAEEEPPP                  DDDooocccuuummmeeennnttt      222444-­-­-111                  FFFiiillleeeddd      111000///111222///111222                  PPPaaagggeee      333      ooofff      111000      PPPaaagggeeeIIIDDD      111777666

8. 9.

Neither party is a member of the Armed Forces, That the marriage is irretrievably broken and the Court has personal jurisdiction over the parties and subject matter of this proceeding.

10.

The Court received and considered the exhibits of both parties which were introduced into evidence.

ii.

The Husband was Sixty-Seven years of age at the time of the Final Hearing. There is no dispute that the Husband was the primary source of financial support for the parties throughout the marriage. The Husband was employed during the course of the marriage except during the year 19924993 when he sustained a physical injury to his back. At present, the Husband's sole source of income is Social Security. The Court further finds that the Husband is limited in his potential to find suitable employment to help maintain the lifestyle enjoyed by the parties throughout the marriage due to his age and physical infirmities.

12.

The Wife is fifty-one years of age and has been employed outside the home during the course of the marriage. She left employment after separation to pursue further education. At the present time she is a full time student working on a paralegal degree. The Wife resides with her mother in Sarasota, florida.

2

!aaassseee      888:::111222-­-­-cccvvv-­-­-000000777444666-­-­-EEEAAAKKK-­-­-AAAEEEPPP                  DDDooocccuuummmeeennnttt      222444-­-­-111                  FFFiiillleeeddd      111000///111222///111222                  PPPaaagggeee      444      ooofff      111000      PPPaaagggeeeIIIDDD      111777777

EQUITABLE DISTRIBUTION 13.

Assets:
A) The Husband lives in a home located in St. Petersburg, Florida. The Husband initially received the home as a gift from his parents. The Court beard considerable testimony on whether the home should be classified as a marital asset. At this time, the Court finds that it is too late to find that the home has any marital characteristics. The home has changed title several times throughout the course of the separation. Notably, the home was the subject of Probate Proceedings in which a Court found that all right, title and interest vested in a third party. That third party then gifted the home back to the Husband. B) The Wife argues that the home should be considered a marital asset because the Husband received the home during the course of the marriage and that she contributed to the current value. As mentioned above this argument must fail because procedurally speaking, the time has passed to object to various transactions. C) The Court fmds that the primary assets of the marriage are certain patents. They include United States patent 5,224,514/July 6, 1993, United States patent 5,316,0451 May 31, 1994 and United States patent 806,566/September 15, 1998, The Court further finds there is basis for an unequal award of equitable disfribution of these

D)

The parties agree that the patents should be immediately listed for available production. However, the parties cannot come to an agreement on how to facilitate the process. Since the parties are unable to agree, the Court appoints Special Master 3

!aaassseee      888:::111222-­-­-cccvvv-­-­-000000777444666-­-­-EEEAAAKKK-­-­-AAAEEEPPP                  DDDooocccuuummmeeennnttt      222444-­-­-111                  FFFiiillleeeddd      111000///111222///111222                  PPPaaagggeee      555      ooofff      111000      PPPaaagggeeeIIIDDD      111777888

Holly B. Chemoff, Esq. Special Master Chernoff's address is 3033 Riviera Drive,

Suite 202, Naples, FL 341032750 and telephone number is 239-261-6560. The Special Master's function is to preside over all post dissolution disputes regarding the
patents. When disputes arise, the Special Master shall hold a hearing where both

sides can present their arguments and evidence, render a report and recommended order on the disputed issues. The parties may at any time jointly override the
decision of the Special Master, The fees of the Special Master shall be equally

shared by the parties and shall be enforced by the powers of this Court. E) F) Each party shall keep the automobile in their possession as his or her sole property. Much was to do about the infamous Tampa Bay Buccaneer tickets. These tickets
shall be transferred to the Wife for her sole use.

G)

The Parties shall do whatever is necessary to assist in the transfer of title, wherever necessary to effectuate the equitable distribution of assets and liabilities herein.

14. The Court finds that the proceeds from the production of the patents shall be split 60% to the Wife and 40% to the Husband after the fees of the Special Master are paid should her services be necessary. lithe parties cannot agree on the distribution of the royalties by the Court, all disputes will be brought before the Special Master for resolution. The reason i'or the unequal distribution of the patent income is based upon the Husband's current inability to pay alimony and tiking into consideration of the lifestyle and standard of living of the parties during the marriage. Notably, the Husband's sole support at this time is Social Security.

4

!aaassseee      888:::111222-­-­-cccvvv-­-­-000000777444666-­-­-EEEAAAKKK-­-­-AAAEEEPPP                  DDDooocccuuummmeeennnttt      222444-­-­-111                  FFFiiillleeeddd      111000///111222///111222                  PPPaaagggeee      666      ooofff      111000      PPPaaagggeeeIIIDDD      111777999

15 *

Liabilities:
A) There was little testimony about joint marital debt. Therefore the Court finds that the parties shall be responsible for the debts that are in their own names. Otherwise if there are debts in both names then they shall be shared Fifty-Fifty.

16.

Temporary Relief:
A) The Court entered an Order on Temporary Relief on June 18, 2009. The Petitioner was ordered to pay the Respondent $777 per month as and for Temporary Alimony of which $577 per month would come directly out of his Social Security check. There are some arrears. The Court finds that the Husband does not have the ability to pay the arrears based on his limited income. The prior Court must have come to the same conclusion because the latest Motions for Contempt filed by the Wife were denied. At the time of the Final Hearing the testimony still supports the Husband's inability to pay although the Wife has a need for Spousal Support. B) There are still arrears pending in a separate Child Support action as well as arrears from the Temporary Support Order. This is the primary reason for the unequal distribution of the future patent royalties. The Court finds that the patent royalties are the only source of income that could possibly provide the Wife with any meaningful support other than her self-support. The evidence has shown that the royalties are relatively certain to happen. The Wife would not have to rely on the Husband's limited income and would allow the Wife to be independent of the Husband. The importance of having the independent source of income can be seen throughout these Wi

!aaassseee      888:::111222-­-­-cccvvv-­-­-000000777444666-­-­-EEEAAAKKK-­-­-AAAEEEPPP                  DDDooocccuuummmeeennnttt      222444-­-­-111                  FFFiiillleeeddd      111000///111222///111222                  PPPaaagggeee      777      ooofff      111000      PPPaaagggeeeIIIDDD      111888000

proceedings in the many attempts to resolve the disputes before the General Magistrate and attempts to collect support before the Hearing Officer. In essence, the record shows that the parties cannot agree on anything even when given every opportunity. And those same attitudes are likely to continue. Based on the potential for the patents to produce incom; the Court shall reserve on the issue of any support arrears. As mentioned earlier, the best possible outcome is to get the patents into production and enjoy some independent income. Only in this way can the parties become independent from one another once and for all.

17.

ALIMONY:

A)

The Wife requested an award of permanent periodic alimony. There was no set amount requested. However, she receives $577 per month Temporary Alimony keeping in mind that the only source of income for either party is the Husband's Social Security.

B)

The Court has considered all of the factors as set forth in Florida Statute §61.08 and finds as follows: 1, Standard of Living: a) 2. There was a standard of living enjoyed by the parties during the marriage that would be considered middle class.

Duration of Marriage: a) This is a long term marriage of twenty-four years.

3.

Age and Health of the Parties:

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a)

The Wife is 51 years of age and the Husband is 67 years of age. The Wife is physically and mentally healthy. The Husband has had some
heath issues including severe skin cancer and back surgery.

4.

Financial Resources of the parties: a)
b)

The Husband has a gross income of$ 1,781.00 per month from Social Security.
The Wife's sole source of income is the $577.00 that she receives

c) d)

from temporary alimony. The Wife voluntarily left her employment to pursue further education to become a paralegal. The parties stand to gain an additional income from the production of
the patents. The royalties are unknown at this time but the evidence indicates that they could be substantial.

It absolutely is in the best interest of the parties to put the patents into production as soon as possible to ensure a steady viable income stream. The Court by prior Order attempted to convince the parties to
get this done. For whateverreason the parties were unable to resolve their disputes. That is where the Special Master will be helpful.

5.

The time necessary for either party to acquire sufficient education and training to enable such party to find appropriate employment:

a)

This is not a factor in this case, although the Wife will have her paralegal degree shortly and the Husband is close to retirement if not fully retired, or otherwise near the end of his working career.

6.

Contributions to the Marriage, Homemaking, Child Care, Education and Career Building of the Other Spouse: a) b) c) d)
e)

Both parties contributed to the marriage. The parties both contributed to the care and well being of their children. The Husband was the primary wage earner and financial support for this family of four through 2005. Both parties contributed to the career of the other.
The Court finds that the parties equally contributed to this marriage.

7.

Miscellaneous:

a)

The Wife acquired additional education, training and work experience during the course of the separation which is going on six years. The Wife has the ability to contribute to her own support as a paralegal 7

!aaassseee      888:::111222-­-­-cccvvv-­-­-000000777444666-­-­-EEEAAAKKK-­-­-AAAEEEPPP                  DDDooocccuuummmeeennnttt      222444-­-­-111                  FFFiiillleeeddd      111000///111222///111222                  PPPaaagggeee      999      ooofff      111000      PPPaaagggeeeIIIDDD      111888222

and hopeftilly.will become self supporting. In addition she is only fifty-one years of age as compared to the Husband's sixty-seven years of age. Q. Based on the findings of the Court as stated herein, and the fact the Wife will receive a greater portion of the royalties the Wif&s request for an award of alimony is otherwise granted in the form of permanent periodic alimony in the amount of $577 per month. This amount has been coming directly out of the Husband's Social Security check and shall continue to do so, This Alimony is modifiable.

18.

Attorneys FEES AND SUIT COSTS
A) The parties shall bear their own Attorneys fees and suit costs.

19.

RESERVATION OF JURISDICTION
A) The Court reserves jurisdiction to enforce the provisions of this Final Judgment of Dissolution of Marriage.

DONE AND ORDERED, in chambers, Sarasota, Sarasota County, Florida this of March 2011.

2 day

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Honorable Don T. Hall Acting Circuit Court Judge Kallan Eslich Jodat Law Group 521 Ninth Street West Bradenton, FL 34205 Mary Louisa Taylor 5620 St. Louis Ave., Sarasota, FL 34233 Holly B. Chernoff 3033 Riviera Drive Suite 202 Naples, FL 34103
'STATE OF FLORIDA, COUNTY OF SARASOTA . jCoPY • hereby cerU' that the Ioreg199 is a true and coIç ,thr0UgI'L__ of the instrument 'fltPifl of pages_ this office. The original instnThiaflt filed contains

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copy has no redactions EJ This copy lies been redacted • rsuant to law. day of COURT

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STATE OF FLORIDA - TWELFTH JUDICIAL CIRCUIT COUNTY OF SARASOTA I, ANDREW D. OWENS, a judge in and for Sarasota County, do hereby certify that said Court is a Court of General Jurisdiction; that Karen E. Rushing, whose name is subscribed to the foregoing certification was at the time if the signing and sealing of the same, Clerk of the Circuit Court of Sarasota County, Florida, aforesaid, and keeper of records and seal thereof, duly elected and qualified to office; and that full faith and credit, are and of right should be given to all her official acts as such, in all Courts of Record and elsewhere, and that her said attestation is in due form of law and by the proper officer. GIVEN UNDER MY HAND and official seal this/ da o , 20

JUDG Twelfth J Sarasota County, Florida STATE OF FLORIDA COUNTY OF SARASOTA I, KAREN E. RUSHING, Clerk of the Court in and for Sarasota County Florida, do hereby certify that ANDREW D. OWENS, whose genuine signature is appended to the foregoing certificate, was at the time of signing same, a judge in and for Twelfth Judicial Circuit, Sarasota County, Florida, duly commissioned and qualified; that full faith and credit aro and of right should be given to all his official acts as such in all Courts of Record and elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affi, of said Court at my office in Sarasota, Florida, this /•dayqf 19i7 , 20 --1 /
l,IA Y 1. 4(LERk OF THE CIR1 CUIT COtJRT AN1'COUNTY COMPTROLER Sarasota County, Florida

d the seal

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