Harrell v. Harrell

District Court of Appeal of Florida

Harrell v. Harrell

345 So. 2d 339

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1977

DocketNo. 76-670

StatusPublished

Cited by1 cases

This text of 345 So. 2d 339 (Harrell v. Harrell) 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.

Bluebook

Harrell v. Harrell, 345 So. 2d 339 (Fla. Ct. App. 1977).

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Opinion

SCHEB, Judge.

On this appeal by the wife from a judgment of dissolution, we find one point to have merit. The court erred in partitioning the parties’ nursery business when there was no prayer for partition and the issue was not tried by consent. Doane v. Doane, 330 So.2d 753 (Fla. 2d DCA 1976); Rankin v. Rankin, 258 So.2d 489 (Fla. 2d DCA 1972).

Accordingly, the following paragraph in the court’s final judgment is hereby stricken:

“ORDERED that the nursery plants, and the equipment used in the operation thereof, be divided equally between the parties, or in the alternative be sold and the proceeds divided equally, unless the parties otherwise reach agreement thereon.”

Otherwise, the judgment is affirmed.

BOARDMAN, C. J., and McNULTY, J., concur.

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SCHEB, Judge.

On this appeal by the wife from a judgment of dissolution, we find one point to have merit. The court erred in partitioning the parties’ nursery business when there was no prayer for partition and the issue was not tried by consent. Doane v. Doane, 330 So.2d 753 (Fla. 2d DCA 1976); Rankin v. Rankin, 258 So.2d 489 (Fla. 2d DCA 1972).

Accordingly, the following paragraph in the court’s final judgment is hereby stricken:

“ORDERED that the nursery plants, and the equipment used in the operation thereof, be divided equally between the parties, or in the alternative be sold and the proceeds divided equally, unless the parties otherwise reach agreement thereon.”

Otherwise, the judgment is affirmed.

BOARDMAN, C. J., and McNULTY, J., concur.

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Bluebook (online)

345 So. 2d 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrell-v-harrell-fladistctapp-1977.

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