MADGE G. KINLAW, APPELLANT,
v.
ALEX STINSON KINLAW, APPELLEE
PER CURIAM.
Upon review of the record and after due consideration of the briefs of the parties and oral argument we are of the opinion that the trial court’s order of December 11, 1974, ordering the parties to enter into an agreement dividing their property is in effect a court ordered property settlement between the parties contrary to the principles set forth in Niemann v. Niemann, Fla.App.1974, 294 So. 2d 415, and Coscia v. Coscia, Fla.App.1972, 262 So. 2d 254. Accordingly, the order of December 11, 1974 is vacated and set aside and the cause remanded to the trial court with respectful directions to render a decision in accordance with the pleadings and proof with due regard to the principles set forth in the above cited cases.
CROSS, MAGER, and DOWNEY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Covin v. Covin, 403 So. 2d 490 (Fla. 3d DCA 1981)…sting partition and containing the essential allegations and notice requirements of Section 64.041 is necessary. Farrington v. Farrington, 390 So. 2d 461 (Fla. 3d DCA 1980); Muhlrad v. Muhlrad, 375 So. 2d 24 (Fla. 3d DCA 1979); Wischman v. Wischman, 310 So. 2d 428 (Fla.2d DCA 1975); Rankin v. Rankin, 258 So. 2d 489 (Fla. 2d DCA 1972). Here, appel-lee-wife’s motion requesting permission to sell the house did not conform to these requirements. Absent appropriate pleadings complying with Chapter 64, we find that…
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Johnson v. Johnson, 454 So. 2d 797 (Fla. 4th DCA 1984)…description of the property at issue. Thus, her request for partition did not conform to the requirement of Section 64.041, Florida Statutes (1983). The trial court therefore had no authority to order partition of the home. See Wischman v. Wischman, 310 So. 2d 428 (Fla. 2d DCA 1975); cf. In re Marriage of McDade, 359 So. 2d 38 (Fla. 2d DCA 1978). We have also reviewed the wife’s challenge to the sufficiency of the rehabilitative alimony award, and conclude that reasonable people could differ as to the propri…
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Davis v. Davis, 313 So. 2d 451 (Fla. 2d DCA 1975)…which does not otherwise conform to Chapter 64, Florida Statutes (1973), is insufficient to order the sale of a marital home, where there is no award of lump sum alimony, special equity or agreement to partition. Wischman v. Wischman, Fla.App.1975, 310 So. 2d 428; Kamensky v. Kamensky, Fla.App. 1973, 282 So. 2d 670; Rankin v. Rankin, Fla.App. 1972, 258 So. 2d 489. Once a marriage is dissolved, the parties hold the property as tenants in common, Florida Statutes, Section 689.15 (1973). Accordingly, the final…
Authorities Cited
- Niemann v. Niemann, 294 So. 2d 415 (Fla. 4th DCA 1974)
- Coscia v. Coscia, 262 So. 2d 254 (Fla. 4th DCA 1972)