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

District Court of Appeal of Florida·Decided August 8, 1986·No. No. 85-2581·Published·Cited by 1 cases

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.

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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