Elliott v. Elliott

District Court of Appeal of Florida

Elliott v. Elliott

666 So. 2d 276, 1996 Fla. App. LEXIS 304, 1996 WL 15489

District Court of Appeal of Florida·Decided January 17, 1996·No. No. 95-1720·Published·Cited by 1 cases

Opinion

PER CURIAM.

Appellee has filed a motion to remand, conceding that the trial court has erred in the final judgment of dissolution.

The points raised by the appellant and the authority supporting reversal are the following: (1) the trial court erred in ordering the marital home sold and the proceeds divided, absent a prayer for partition, Martinez v. Martinez, 573 So.2d 37, 43 (Fla. 1st DCA 1990), rev. denied, 581 So.2d 1309 (Fla.1991); (2) the trial court departed from the child support guidelines without providing written reasons explaining why payment of the guidelines amount was not justified, see § 61.30(l)(a), Fla.Stat. (1993); Jones v. Jones, 636 So.2d 867 (Fla. 4th DCA 1994); Dehler v. Dehler, 648 So.2d 819 (Fla. 4th DCA 1995); (3) the trial court erred in not awarding shared parental responsibility, as there was no finding that shared parental responsibility would be detrimental to the child, see § 61.13(2)(b)(2), Fla.Stat. (1993).

Upon appellee’s concession of error, we reverse and remand for further proceedings.

STONE, WARNER and SHAHOOD, JJ., concur.

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PER CURIAM.

Appellee has filed a motion to remand, conceding that the trial court has erred in the final judgment of dissolution.

The points raised by the appellant and the authority supporting reversal are the following: (1) the trial court erred in ordering the marital home sold and the proceeds divided, absent a prayer for partition, Martinez v. Martinez, 573 So.2d 37, 43 (Fla. 1st DCA 1990), rev. denied, 581 So.2d 1309 (Fla.1991); (2) the trial court departed from the child support guidelines without providing written reasons explaining why payment of the guidelines amount was not justified, see § 61.30(l)(a), Fla.Stat. (1993); Jones v. Jones, 636 So.2d 867 (Fla. 4th DCA 1994); Dehler v. Dehler, 648 So.2d 819 (Fla. 4th DCA 1995); (3) the trial court erred in not awarding shared parental responsibility, as there was no finding that shared parental responsibility would be detrimental to the child, see § 61.13(2)(b)(2), Fla.Stat. (1993).

Upon appellee’s concession of error, we reverse and remand for further proceedings.

STONE, WARNER and SHAHOOD, JJ., concur.

Elliott v. Elliott, 666 So. 2d 276, 1996 Fla. App. LEXIS 304, 1996 WL 15489 (Fla. Ct. App. 1996).

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Opinion

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