Kirkland v. Kirkland

District Court of Appeal of Florida

Kirkland v. Kirkland

492 So. 2d 794, 11 Fla. L. Weekly 1740, 1986 Fla. App. LEXIS 9283

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 1986

DocketNo. 85-2581

StatusPublished

Cited by1 cases

This text of 492 So. 2d 794 (Kirkland v. Kirkland) 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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Kirkland v. Kirkland, 492 So. 2d 794, 11 Fla. L. Weekly 1740, 1986 Fla. App. LEXIS 9283 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

We reverse that portion of the judgment of dissolution ordering the jointly owned marital home to be sold. The court was not authorized to order partition of property incident to a dissolution of marriage where, as here, neither party filed the requisite pleadings for partition. Murbach v. Murbach, 490 So.2d 253 (Fla. 2d DCA 1986); Wiley v. Wiley, 485 So.2d 2 (Fla. 5th DCA 1986); Sanders v. Sanders, 351 So.2d 1126 (Fla. 2d DCA 1977).

We affirm the judgment in all other respects.

DANAHY, C.J., and GRIMES and SCHEB, JJ., concur.

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PER CURIAM.

We reverse that portion of the judgment of dissolution ordering the jointly owned marital home to be sold. The court was not authorized to order partition of property incident to a dissolution of marriage where, as here, neither party filed the requisite pleadings for partition. Murbach v. Murbach, 490 So.2d 253 (Fla. 2d DCA 1986); Wiley v. Wiley, 485 So.2d 2 (Fla. 5th DCA 1986); Sanders v. Sanders, 351 So.2d 1126 (Fla. 2d DCA 1977).

We affirm the judgment in all other respects.

DANAHY, C.J., and GRIMES and SCHEB, JJ., concur.

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492 So. 2d 794, 11 Fla. L. Weekly 1740, 1986 Fla. App. LEXIS 9283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkland-v-kirkland-fladistctapp-1986.

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