OSCAR GARCIA, APPELLANT,
v.
ICER GARCIA, APPELLEE
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NESBITT, Judge.
The husband filed a petition for dissolution of marriage and sought partition of the marital property. The wife counterclaimed seeking equitable distribution. The husband appeals from the trial court order granting equitable distribution.
He argues, based on Hu v. Hu, 432 So. 2d 1389 (Fla. 2d DCA 1983), that in the absence of a pleading setting forth a claim for lump sum alimony, the trial court could not equitably distribute the property. The wife, citing Tronconi v. Tronconi, 425 So. 2d 547 (Fla. 4th DCA 1983) (en banc), responds that equitable distribution, in and of itself, is a vehicle which can be utilized to justify a property award without a claim for alimony.
Because we find that this issue was not raised by the husband below, we are pre- eluded from considering it on appeal. Concluding that the other contentions raised by the husband are without merit, we affirm.
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Citator
Cited By
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Becker v. Becker, 778 So. 2d 438 (Fla. 1st DCA 2001)…, 552 So. 2d 323, 324 (Fla. 1st DCA 1989). However, this issue pertaining to the wife’s dissolution petition is being raised for the first time on appeal and is not subject to review by this Court. See Wilkerson, 675 So. 2d at 952; Garcia v. Garcia, 445 So. 2d 1093 (Fla. 3rd DCA 1984)(holding it could not assess appellant’s argument concerning a pleading deficiency because the argument was not raised at the trial court level). [*440] Finally, the husband argues the trial court erred by authorizing the wife’s a…
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Jacoby v. Jacoby, 458 So. 2d 1144 (Fla. 3d DCA 1984)…[*1145] PER CURIAM. Affirmed. Conner v. Conner, 439 So. 2d 887 (Fla.1983); Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Garcia v. Garcia, 445 So. 2d 1093 (Fla. 3d DCA 1984).…
Authorities Cited
- Tronconi v. Tronconi, 425 So. 2d 547 (Fla. 4th DCA 1982)
- Althea B. HU v. HU, 432 So. 2d 1389 (Fla. 2d DCA 1983)