GAIL SUSAN BONIFAY, APPELLANT,
v.
JOHN O. BONIFAY, APPELLEE
PER CURIAM.
We believe the trial court erred in directing in the final judgment of dissolution that the marital house of the parties be sold. The pleadings were insufficient to sustain an ordér of partition; and even if partition had been properly requested, the court would have been bound to proceed in accordance with the provisions of Chapter 64, Florida Statutes (1979) as to the manner of sale. Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977); Niemann v. Niemann, 294 So. 2d 415 (Fla. 4th DCA 1974), cert. discharged 312 So. 2d 733 (Fla.1975). Accordingly, the final judgment is reversed and remanded with directions for further proceedings in accordance with this opinion.
ANSTEAD, MOORE and BERANEK, JJ., concur.
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In re Est. OF John W. Finch, 401 So. 2d 1308 (Fla. 1981)…ADKINS, Justice. We are asked to review the decision of the Fourth District Court of Appeal, reported at 383 So. 2d 755, which passed on the validity and the compatibility of article X, section 4(c), of the Florida Constitution, and sections 732.4015 and 732.401(1), Florida Statutes (1977), relating to the devise of homestead property. We have jurisdiction. Art. V, §…
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In re the Est. of Walter F. Ritz v. Ritz, 385 So. 2d 1102 (Fla. 5th DCA 1980)…e reject the argument of the appellees that the testator was precluded by Article X, Section 4(e) of the Florida Constitution from devising any interest in his homestead to his spouse less than the entire fee. Cf. In Re: The Estate of John W. Finch, 383 So. 2d 755 (Fla. 4th DCA 1980). If he could devise to her the entire remainder interest, in addition to her life estate, then there is no reason he cannot bequeath to her the power to sell it and keep 80% of the proceeds from the sale. If the remaindermen can…
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Norris Oakley v. Eugenie Oakley, 439 So. 2d 1044 (Fla. 4th DCA 1983)…are not the subject of appropriate pleadings and notice.” In addition to requiring appropriate pleadings, Florida courts have also mandated compliance with the due process steps found in Chapter 64 of the Florida Statutes. E.g., Bonifay v. Bonifay, 383 So. 2d 755 (Fla. 4th DCA 1980); Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977). The instant trial court lacked both imperatives, and thus exceeded its jurisdiction. LETTS, GLICKSTEIN and WALDEN, JJ., concur.…
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- Niemann v. Niemann, 294 So. 2d 415 (Fla. 4th DCA 1974)
- Niemann v. Niemann, 312 So. 2d 733 (Fla. 1975)
- Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977)