Hays v. Hays

District Court of Appeal of Florida

Hays v. Hays

384 So. 2d 56, 1980 Fla. App. LEXIS 16338

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1980

DocketNo. 79-1583

StatusPublished

This text of 384 So. 2d 56 (Hays v. Hays) 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

Hays v. Hays, 384 So. 2d 56, 1980 Fla. App. LEXIS 16338 (Fla. Ct. App. 1980).

Pincite

Opinion

LETTS, Chief Judge.

The appellant/husband seeks review of a portion of the final judgment which ordered the sale of the marital domicile and the award of lump sum alimony to the ap-pellee/wife.

[57]*57Neither party prayed for partition of the property nor alleged the need for partition. Since the appellee/wife concedes that the trial court erred in ordering partition, this portion of the decree must be reversed. Kitchen v. Kitchen, 162 So.2d 539 (Fla.3d DCA 1964); Helsel v. Helsel, 138 So.2d 99 (Fla.3d DCA 1962); DiMartino v. DiMarti-no, 360 So.2d 1133 (Fla.3d DCA 1978).

As to the award of lump sum alimony to the appellee/wife, we affirm the trial court’s decision upon the authority of Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980), Case No. 54,124, Opinion issued March 27, 1980.

AFFIRMED IN PART; REVERSED AND REMANDED FOR ENTRY OF A FINAL JUDGMENT IN ACCORDANCE HEREWITH.

ANSTEAD and HURLEY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI