Berg v. Young

Berg v. Young concerns the interpretation of a prenuptial agreement. Ultimately the 4th DCA reversed the finding regarding a denial of attorney’s fees because the prevailing party should have been awarded his fees based upon a plain reading of the agreement. Also reversed was the award to the wife of attorney’s fees based upon section 61.16 because there was a lack of findings allowing a meaningful appellate review. Finally, the Final Judgment was upheld as to the equitable distribution utilizing the “tipsy coachman” principle because the result that was obtained was correct but the reason for it was incorrect. The prenuptial agreement should have been interpreted as having properly waived the wife’s interest in any appreciation in value of non-marital assets due to marital efforts. It was not so interpreted below, but the trial court had found that there was no active appreciation to be distributed, so it reached the right result for the wrong reason. Kaaa did not apply to the particular facts of this case.

Berg v Young