CYNTHIA WATSON, APPELLANT,
v.
RAYMON O. WATSON, APPELLEE
DAUKSCH, Judge.
This is an appeal from a marital dissolution judgment. We affirm in all respects except the order that the marital home be partitioned. Neither party requested it, it was not a part of any pleadings or raised in evidence, and thus was not an issue for the judge to decide. Willis v. Willis, 574 So. 2d 328 (Fla. 5th DCA 1991); Martinez v. Martinez, 573 So. 2d 37, 43 (Fla. 1st DCA 1990), rev. den., 581 So. 2d 1309 (Fla.1991); Britt v. Britt, 552 So. 2d 323, 324 (Fla. 1st DCA 1989); Borntraeger v. Borntraeger, 521 So. 2d 125, 126 (Fla. 1st DCA 1987), rev. den., 531 So. 2d 1352 (Fla.1988).
The order of partition is quashed. In all other respects the judgment is affirmed.
AFFIRMED in part; REVERSED in part.
PETERSON and THOMPSON, JJ., concur.
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Hodges v. Hodges, 128 So. 3d 190 (Fla. 5th DCA 2013)…hat Appellant must pay Appellee her equity in the home within six months, failing which the property must be sold. Appellant challenges the order to sell the property because neither party [*191] had requested partition. See, e.g., Watson v. Watson, 646 So. 2d 297, 297 (Fla. 5th DCA 1994) (trial court without authority to order partition of property in absence of plea by either party). Accordingly, we reverse the order to the extent that it requires sale of the property. On remand, the trial court may revisit…
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Smith v. Smith, 896 So. 2d 818 (Fla. 5th DCA 2005)…he wife’s share based on the assessed value because that was the only evidence of value presented. Additionally, the wife cannot now demand that the property be sold when she failed to request partition in her pleadings. See, e.g. Watson v. Watson, 646 So. 2d 297 (Fla. 5th DCA 1994). The $22,500 Deduction for Property Tax Payments The wife argues that the trial court erred by deducting $22,500 from her share of the Moultrie Heights property for the previous three years of property tax payments made by the…
Authorities Cited
- Martinez v. Martinez, 573 So. 2d 37 (Fla. 1st DCA 1990)
- Borntraeger v. Borntraeger, 521 So. 2d 125 (Fla. 1st DCA 1987)
- Louie E. Britt v. Britt, 552 So. 2d 323 (Fla. 1st DCA 1989)
- Willis v. Willis, 574 So. 2d 328 (Fla. 5th DCA 1991)
- Caddell v. Caddell, 574 So. 2d 328 (Fla. 5th DCA 1991)