          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D17-4050
                  _____________________________

REBECCA OLIVAREZ, Former
Wife,

    Appellant

    v.

LIONEL OLIVAREZ, Former
Husband,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Duval County.
Elizabeth Senterfitt, Judge.

                          August 16, 2018


PER CURIAM.

     Rebecca Olivarez appeals the trial court’s final order of
dissolution, which included $23,000 of assets allegedly dissipated
during the dissolution proceedings. Absent a showing of
misconduct, “it is error to include assets in an equitable
distribution scheme that have been diminished or dissipated
during the dissolution proceedings.” Winder v. Winder, 152 So. 3d
836, 838 (Fla. 1st DCA 2014) (quoting Roth v. Roth, 973 So. 2d 580,
584 (Fla. 2d DCA 2008)). Accordingly, we reverse the equitable
distribution portion of the final judgment. As a consequence, we
also reverse the trial court’s determinations of alimony, child
support, and attorney’s fees for the trial court’s reconsideration, if
necessary. Branch v. Branch, 775 So. 2d 406, 408 (Fla. 1st DCA
2000) (The “reversal of portions of the final judgment necessarily
affects the overall plan for equitable distribution of the marital
assets and liabilities, as well as other financial aspects” such that
“on remand, the trial court may reconsider the entire plan of
equitable distribution, including the subjects of alimony and
attorney's fees.”).

    REVERSED and REMANDED.

LEWIS, MAKAR, and M.K. THOMAS, JJ., concur.

                  _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Michael M. Giel of Giel Family Law, P.A., Jacksonville, for
Appellant.

No appearance for Appellee.




                                 2
