Beard v. Beard

District Court of Appeal of Florida

Beard v. Beard

356 So. 2d 1313, 1978 Fla. App. LEXIS 15259

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 1978

DocketNo. 77-923

StatusPublished

Cited by1 cases

This text of 356 So. 2d 1313 (Beard v. Beard) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Beard v. Beard, 356 So. 2d 1313, 1978 Fla. App. LEXIS 15259 (Fla. Ct. App. 1978).

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Opinion

RYDER, Judge.

Mr. Beard appeals the award to his wife of the real property and certain of the personal property of the parties, the amount of permanent alimony awarded to her, and the requirement that he pay certain debts, a portion of his wife’s attorney’s fees, and court costs in connection with the dissolution of the parties’ marriage. Except with respect to the award to the wife of all personal property located in, on and around the marital home, we find no error or abuse of judicial discretion.

The wife claimed and proved a special equity in the marital home. She also sought the award of certain specified pieces of personal property — certain automobiles and an insurance policy — which she was awarded by stipulation and which are not in issue on this appeal. However, there was no plea for the personal property in and around the marital home in either the husband’s petition for dissolution or in the wife’s counterpetition. Further, there was no evidence or testimony offered regarding this property at the final hearing.

A trial court may not dispose of property belonging to the parties as an incident to a divorce in the absence of an agreement between the parties or an appropriate pleading for such relief. Helsel v. Helsel, 138 So.2d 99 (Fla. 3d DCA 1962). There being no such agreement or pleading here, that portion of the final judgment of dissolution awarding the personal property in, on and around the marital home to the wife must be reversed. In all other respects, the final judgment is affirmed.

BOARDMAN, C. J., and GRIMES, J., concur.

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RYDER, Judge.

Mr. Beard appeals the award to his wife of the real property and certain of the personal property of the parties, the amount of permanent alimony awarded to her, and the requirement that he pay certain debts, a portion of his wife’s attorney’s fees, and court costs in connection with the dissolution of the parties’ marriage. Except with respect to the award to the wife of all personal property located in, on and around the marital home, we find no error or abuse of judicial discretion.

The wife claimed and proved a special equity in the marital home. She also sought the award of certain specified pieces of personal property — certain automobiles and an insurance policy — which she was awarded by stipulation and which are not in issue on this appeal. However, there was no plea for the personal property in and around the marital home in either the husband’s petition for dissolution or in the wife’s counterpetition. Further, there was no evidence or testimony offered regarding this property at the final hearing.

A trial court may not dispose of property belonging to the parties as an incident to a divorce in the absence of an agreement between the parties or an appropriate pleading for such relief. Helsel v. Helsel, 138 So.2d 99 (Fla. 3d DCA 1962). There being no such agreement or pleading here, that portion of the final judgment of dissolution awarding the personal property in, on and around the marital home to the wife must be reversed. In all other respects, the final judgment is affirmed.

BOARDMAN, C. J., and GRIMES, J., concur.

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356 So. 2d 1313, 1978 Fla. App. LEXIS 15259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beard-v-beard-fladistctapp-1978.

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