CAPRI WATER WORKS, INC., APPELLANT,

v.

COLLIER COUNTY, APPELLEE

Citator

Cited By

• Sullivan v. Sullivan, 363 So. 2d 393 (Fla. 2d DCA 1978)
  …that the trial court could not order the division of “all personal property,” because there was no prayer for such relief in the pleadings and the issue was not tried by consent. Harrell v. Harrell, 345 So. 2d 339 (Fla. 2d DCA 1977); Doane v. Doane, 330 So. 2d 753 (Fla. 2d DCA 1976). The ordered division of the “furniture, furnishings and fixtures,” though sought by the pleadings, suffers from the same infirmity as the ordered sale of the marital home; i. e., it sets no reasonable deadline by which the divisi…
• Henderson v. Hal Henderson, 537 So. 2d 125 (Fla. 1st DCA 1988)
  …necessity and the welfare of the children, itself, requires their separation. Arons v. Arons, 94 So. 2d 849 (Fla.1957).4 Applying this principle in reversing a lower court decision that separated siblings of a marriage, the court in Doane v. Doane, 330 So. 2d 753 (Fla. 2d DCA 1976), stated: Whenever possible the family unit should not be further fractured as a consequence of a marriage being dissolved. Here, the brothers and sisters would be deprived of growing up together with some common denominator of di…
• Harrell v. Winfred M. Harrell, 345 So. 2d 339 (Fla. 2d DCA 1977)
  …On this appeal by the wife from a judgment of dissolution, we find one point to have merit. The court erred in partitioning the parties’ nursery business when there was no prayer for partition and the issue was not tried by consent. Doane v. Doane, 330 So. 2d 753 (Fla. 2d DCA 1976); Rankin v. Rankin, 258 So. 2d 489 (Fla. 2d DCA 1972). Accordingly, the following paragraph in the court’s final judgment is hereby stricken: “ORDERED that the nursery plants, and the equipment used in the operation thereof, be d…

Authorities Cited

• Honolulu Rapid Transit Co. v. Lorrin M. Dolim, 459 F.2d 551 (9th Cir. 1972)