taylor v taylor made plastics divorce

7/30/2019 Taylor v Taylor Made Plastics Divorce

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RECORDED iN OFFiCIAL RECORDSINSTRUMENT #2011028713 PGIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAf1 MHINGIN AND FOR SARASOTA COUNTY FLOR.W4RK OF THE CIRCUIT COURT

SARASOTA COUNTY, FLORIDAIN RE; THE MARRIAGE OF CIVIL COURTS Receipt # 136785James R. Taylor,

Doc Stamp.Mort: $0.00Doe Stamp.Oeed: $0.00

intang. Tax:PetitionertHusband, JCASE NO. 2006-DR-O9and

Mary Louisa Taylor,Respondent/Vife..

FINAL JUDGMENT OF DISSOLUTION OF MARRIAGEThis cause came before the C ourt for Final Hearing, the Court having heard testimony and

received evidence, makes the following findings of facts: = rnBACKGROUND FACTS: CDI he Husband, James B. Taylor, and the Wife, Mary Louisa Taylor, were ma6a CmFebroary .

14,1987. r, ....4 C...) 12. here were two children born of this marriage, whom have attained the age of majority and

are emancipated.3. The parties separated in Novem ber 2005.4. The Petition for Dissolution of Marriage was filed on July 26, 2006 .5. Both parties were residents of the State of Florida for the six months preced ing the filing of

the Petition for Dissolution of Marriage.6. Venue is p roper in Sarasota County, Florida.7. Both parties are mentally competent.

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!ase 8:12-cv-00746-EAK-AEP Document 24-1 Filed 10/12/12 Page 2 of 10 PageID 175


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8. Neither party is a memb er of the Armed Forces,9. That the m arriage is irretrievably broken and the C ourt has personal jurisdiction over the

parties and subject matter of this proceeding.10. The C ourt received and considered the exh ibits of both parties which were introduced into

evidence.ii. he Husban d was Sixty-Seven y ears 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 w as employed during the course of the marriageexcept during the year 19924993 when he sustained a physical injury to his back. Atpresent, the Husband's sole source of incom e is Social Security. The Court further finds thatthe Husband is limited in his potential to find suitable employmen t to help maintain thelifestyle enjoyed by the parties throughout the marriage due to his age and physicalinfirmities.

12. he Wife is fifty-one years of age and has been employed outside the home during the courseof the marriage. She left em ployment after separation to pursue further education. At thepresent time she is a full time student working on a paralegal degree. The Wife resides withher mother in Sarasota, florida.

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EQUITABLE DISTRIBUTION13. ssets:

A) The Husband lives in a home located in St. Petersburg, Florida. The Husbandinitially received the home as a gift from h is parents. The Court beard considerabletestimony on wh ether the home should be classified as a m arital asset. At this time,the Court finds that it is too late to find that the hom e has any marital characteristics.The hom e has changed title several times throughout the course of the separation.

Notably, the home was the subject of Probate Proceedings in which a Court foundthat all right, title and interest vested in a third party. That third party then gifted thehome back to the Husband.

B) The W ife argues that the home should be con sidered a marital asset because theHusband received the home during the course of the marriage and that shecontributed to the current value. As mentioned above this argument must failbecause procedurally speaking, the time has passed to object to various transactions.

C) The C ourt fmds that the primary assets of the m arriage are certain patents. Theyinclude United States patent 5,224,514/July 6, 1993, United States patent 5,316,0451May 31, 1994 and United States patent 806,566/September 15, 1998, The Courtfurther finds there is basis for an unequal aw ard of equitable disfribution of these

D) The parties agree that the patents should be immediately listed for availableproduction. However, the parties cannot come to an agreement on how to facilitatethe process. Since the parties are unable to agree, the Court appoints Special Master

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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. TheSpecial Master's function is to preside over all post dissolution disputes regarding thepatents. When disputes arise, the Special Master shall hold a hearing where bothsides can present their arguments and evidence, render a report and recommendedorder on the disputed issues. The parties may at any time jointly override thedecision of the Special Master, The fees of the Special M aster shall be equallyshared by the parties and shall be enforced by the pow ers of this Court.

E) Each party shall keep the automobile in their possession as his or her sole property.F) Much w as to do about the infamous Tampa B ay 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 herservices be necessary. lithe parties cannot agree on the distribution of the royalties by theCourt, all disputes will be brought before the Special Master for resolution. The reason i'orthe unequal distribution of the patent income is based upon the Husband's current inability topay alimony and tiking into consideration of the lifestyle and standard of living of the partiesduring the marriage. Notably, the Husband's sole support at this time is Social Security.

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15 * iabilities:A) here 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. O therwise ifthere are debts in both names then they shall be shared Fifty-Fifty.

16. emporary Relief:A) The Court entered an Order on Temp orary Relief on June 18, 2009. The Petitioner

was ordered to pay the Respondent $777 per month as and for Temporary Alimony ofwhich $577 per month would come directly out of his Social Security check. Thereare some arrears. The Court finds that the Husband does n ot have the ability to paythe arrears based on his limited income. The prior Court must have come to the sameconclusion because the latest Motions for Contempt filed by the W ife were denied.At the time of the Final Hearing the testimony still supports the Husband's inabilityto 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 arrearsfrom the Temporary Support Order. This is the primary reason for the unequaldistribution of the future patent royalties. The Court finds that the patent royalties arethe only source of income that could possibly provide the Wife with any meaningfulsupport other than her self-support. The evidence has shown that the royalties arerelatively certain to happen. The Wife would not have to rely on the H usband'slimited income and would allow the Wife to be independent of the Husband. Theimportance of having the independent source of income can be seen throughout these

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proceedings in the many attempts to resolve the disputes before the GeneralMagistrate and attempts to collect support before the Hearing Officer. In essence, therecord shows that the parties cannot agree on anything even when given everyopportunity. And those same attitudes are likely to continue. Based on the po tentialfor the patents to produce incom ; the Court shall reserve on the issue of any supportarrears. As mentioned earlier, the best possible outcome is to g et the patents intoproduction and enjoy some independent incom e. Only in this way can the partiesbecome independent from one an other once and for all.

17. ALIMONY:A) The W ife requested an award of perm anent periodic alimony. There w as no set

amount requested. However, she receives $577 per month Tem porary Alimonykeeping in mind that the only source of income for either party is the Husband'sSocial Security.

B) The Court has considered all of the factors as set forth in Florida Statute 61.08 andfinds as follows:1, tandard of Living:

a) here was a standard of living enjoyed by the parties during themarriage that would be considered m iddle class.2. Duration of Marriage:

a) his is a long term marriage of twenty-four years.3. Age and Health of the Parties:



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a) he Wife is 51 years of age and the Husband is 67 years of age. TheWife is physically and mentally healthy. The Husband has had someheath issues including severe skin cancer and back surgery.

4. inancial Resources of the parties:a) The Husband has a g ross income of$ 1,781.00 per month from SocialSecurity.b) The Wife's sole source of income is the $577.00 that she receivesfrom temporary alimony. The W ife voluntarily left her employmentto pursue further education to become a paralegal.c) The parties stand to gain an additional income from the production of

the patents. The royalties are unknown at this time but the evidenceindicates that they could be substantial.d) It absolutely is in the best interest of the parties to put the patents intoproduction as soon as possible to ensure a steady viable incomestream. The Court by prior Order attempted to convince the parties toget this done. For whateverreason the parties were unable to resolvetheir disputes. That is where the Special Master will be helpful.

5. he time necessary for either party to acquire sufficient education andtraining to enable such party to find appropriate employment:a) his is not a factor in this case, although the Wife will have herparalegal degree shortly and the Husband is close to retirement if notfully retired, or otherwise near the end of his working career.

6. ontributions to the Marriage, Homemaking, Child Care, Education andCareer Building of the Other Spouse:a) Both parties contributed to the marriage.b) The parties both contributed to the care and well being of theirchildren.c) The Husband was the primary wage earner and financial support forthis family of four through 2005.d) Both parties contributed to the career of the other.e) The Court finds that the parties equally contributed to this marriage.

7. iscellaneous:a) he Wife acquired additional education, training and work experienceduring the course of the separation which is going on six years. TheWife has the ability to contribute to her own support as a paralegal

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and hop eftilly.will become self suppo rting. In addition she is onlyfifty-one years of age as compared to the Husband's sixty-seven yearsof age.Q. ased 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 isotherwise granted in the form of permanent periodic alimony in the amount of $577per month. This amount has been coming directly out of the Husband's SocialSecurity check and shall continue to do so, This Alimony is modifiable.

18. Attorneys FEES AND SUIT COSTSA) he parties shall bear their own Attorneys fees and suit costs.

19. RESERVATION OF JURISDICTIONA) he Court reserves jurisdiction to enforce the provisions of this Final Judgment of

Dissolution of M arriage.

DONE AND ORDERED, in chambers, Sarasota, Sarasota County, Florida this2 dayof March 2011.

O/ i4a- Honorable Don T. HallActing Circuit Court JudgeKallan Eslich Jodat Law Group 521 Ninth Street West Bradenton, FL 34205Mary Louisa Taylor 5620 St. Louis Ave., Sarasota, FL 34233Holly B. Chernoff 3033 Riviera Drive S uite 202 Naples, FL 34103

'STATE OF FLORIDA, COUNTY OF SARASOTA hereby cerU' that the Ioreg199 is a true and coI . jCoPYof pages_ thr0UgI'L__ of the instrument 'fltPifl

'c this office. The original instnThiaflt filed contains\1! S . copy has no redactions EJ This copy lies beenredacted rsuant to law.day ofwit COURT



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STATE OF FLOR IDA - TWELFTH JUDICIAL CIRCUITCOUNTY OF SARASOTA

I, ANDREW D. OWENS, a judge in and for Sarasota County, do herebycertify that said Court is a Court of Gene ral Jurisdiction; that Karen E. Rushing, w hosename is subscribed to the foregoing certification was at the time if the signing and sealingof the same, C lerk of the Circuit Court of Sarasota County, Florida, aforesaid, and keeperof records and seal thereof, duly elected and qualified to office; and that full faith andcredit, are and of right should be given to all her official acts as such, in all Courts ofRecord an d elsewhere, and that her said attestation is in due form of law and by theproper o fficer.

GIVEN UNDER MY HAND and official seal this/ a o 20

JUDGTwelfth JSarasota County, FloridaSTATE OF FLORIDACOUNTY OF SARASOTA

I, KAREN E. RUSHING, Clerk of the Court in and for Sarasota Co untyFlorida, do hereby certify that ANDREW D. OWENS, whose genuine signatureis appended to the foregoing certificate, was at the time of signing same , a judge in andfor Twelfth Judicial Circuit, Sarasota County, Florida, duly comm issioned and qualified;that full faith and cred it aro and of right should be given to all his official acts as such inall Courts of Record and elsewhere.

IN TESTIMO NY W HERE OF, I have hereunto set my hand and affi, d the sealof said Court at my office in Sarasota, Florida, this /dayqf 19i7 , 2 0

--1 /L- l,IA/ .4(LERk OF THE CIR1CUIT COtJRTAN1'COUNTY COMPTROLERSarasota County, Florida


taylor v taylor made plastics divorce

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