Michelle Flam v. Ryan Flam

West Palm Beach, Florida family law lawyers represented the parties in a divorce.



Michelle Flaim sought to enforce the parties' marital settlement agreement ("MSA"). The trial court found that the MSA did not require Ryan Flaim ("husband") to provide the wife with half of an escrow refund check which was payable to both parties.



* * *



Legal issue Is an escrow refund check considered part of the net sale proceeds to be equally divided under a marital settlement agreement?

Headnote



FAMILY LAW. MARITAL SETTLEMENT AGREEMENT ENFORCEMENT. The case involves an appeal concerning the trial court's denial of a motion to enforce a marital settlement agreement, specifically regarding the division of escrow refund funds that were classified as net sale proceeds of the marital home, which should be equally divided between the parties.



FAMILY LAW. CONTRACT INTERPRETATION. The legal issue pertains to the interpretation of a marital settlement agreement as a matter of law, particularly whether escrow funds returned more than a year after the home's sale qualify as part of the net sale proceeds to be divided equally.



COMMERCIAL LAW. NEGOTIABLE INSTRUMENTS. The case addresses whether endorsing a check payable to two parties not alternatively falls under Florida law, requiring mutual endorsement by both parties, which one party failed to obtain before depositing the check into their account.



Key Phrases Marital settlement agreement enforcement. Net sale proceeds. Escrow refund check. Mortgage escrow funds. Equal division of funds.

Reversed