Notarianni v. Notarianni

District Court of Appeal of Florida

Notarianni v. Notarianni

584 So. 2d 234, 1991 Fla. App. LEXIS 8202, 1991 WL 165080

CourtDistrict Court of Appeal of Florida

DecidedAugust 23, 1991

DocketNo. 90-00780

StatusPublished

This text of 584 So. 2d 234 (Notarianni v. Notarianni) 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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Notarianni v. Notarianni, 584 So. 2d 234, 1991 Fla. App. LEXIS 8202, 1991 WL 165080 (Fla. Ct. App. 1991).

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Opinion

ON MOTION FOR CLARIFICATION

PER CURIAM.

Upon consideration of appellee’s motion for clarification, we hereby grant appellee’s motion, and substitute the attached opinion for the one previously issued.

LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.

We reverse the final judgment of dissolution of marriage to the extent it ordered the partition. Partition was not pleaded, stipulated to, or tried by consent. See Ellis v. Ellis, 542 So.2d 450, 451 (Fla. 2d DCA 1989); Labarre v. Labarre, 382 So.2d 761 (Fla. 2d DCA 1980). On remand, the issue of attorney’s fees should be considered in light of Smith v. Smith, 495 So.2d 229 (Fla. 2d DCA 1986).

LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.

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ON MOTION FOR CLARIFICATION

PER CURIAM.

Upon consideration of appellee’s motion for clarification, we hereby grant appellee’s motion, and substitute the attached opinion for the one previously issued.

LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.

We reverse the final judgment of dissolution of marriage to the extent it ordered the partition. Partition was not pleaded, stipulated to, or tried by consent. See Ellis v. Ellis, 542 So.2d 450, 451 (Fla. 2d DCA 1989); Labarre v. Labarre, 382 So.2d 761 (Fla. 2d DCA 1980). On remand, the issue of attorney’s fees should be considered in light of Smith v. Smith, 495 So.2d 229 (Fla. 2d DCA 1986).

LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.

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584 So. 2d 234, 1991 Fla. App. LEXIS 8202, 1991 WL 165080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/notarianni-v-notarianni-fladistctapp-1991.

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