ROBERT SMITH, APPELLANT,
v.
DEBORAH SMITH, APPELLEE
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PER CURIAM.
No error or abuse of discretion has been demonstrated, by either the appeal or cross-appeal, with respect to the trial judge’s rulings concerning lump-sum alimony and related issues in the judgment under review. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Yandell v. Yandell, 39 So. 2d 554, 557 (Fla.1949); Rosen v. Rosen, 386 So. 2d 1268, 1272 (Fla. 3d DCA 1980), review denied, 392 So. 2d 1378 (Fla.1981). The court erred only in partitioning an en-tireties interest in real property known as 100 Mile Stable in the absence of an appropriate request in the pleadings and compliance with the requirements of Chapter 64, Florida Statutes (1979). Sanders v. Sanders, 351 So. 2d 1126 (Fla.2d DCA 1977), and cases cited. That provision of the judgment below is therefore reversed. It is otherwise entirely affirmed.
Affirmed in part, reversed in part.
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Citator
Cited By
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Sammons v. Sammons, 479 So. 2d 223 (Fla. 3d DCA 1985)…t the jurisdictional defect, the judgment below could not be upheld as, in effect, an appropriate judgment for partition because neither the complaint nor the evidence complied with the requirements of Chap. 64, Fla.Stat. (1983), see Smith v. Smith, 399 So. 2d 1025 (Fla. 3d DCA 1981); Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977); O’Hara, Ms. Sammons is of course free to seek such relief after remand. Since the Colorado dissolution has rendered the couple tenants in common of the property previously h…
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Young, Stern & Tannenbaum, P.A. v. Ernst, 453 So. 2d 99 (Fla. 3d DCA 1984)…red so as not to deplete or jeopardize the assets remaining with the husband in order that he might have the ability to earn the sums necessary to pay the deferred portion of lump sum alimony and [*103] the attorney’s fees and costs. House v. House, 399 So. 2d 1025 (Fla. 3d DCA 1981); Harder v. Harder, 331 So. 2d 341 (Fla. 2d DCA 1976); Flipse v. Flipse, 305 So. 2d 16 (Fla. 3d DCA 1975). We find no abuse of discretion in the exercise of this power under the circumstances as found in the final judgment of diss…
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Arlyne S. Gallow v. Gallow, 497 So. 2d 1288 (Fla. 3d DCA 1986)…amount in favor of the appellant,1 and against the appellee, or in retaining jurisdiction to enforce said award against future earnings of the appellee. See Young, Stern & Tannenbaum, P.A. v. Ernst, 453 So. 2d 99 (Fla. 3d DCA 1984); House v. House, 399 So. 2d 1025 (Fla. 3d DCA 1981); Harder v. Harder, 331 So. 2d 341 (Fla. 2d DCA 1976); Flipse v. Flipse, 305 So. 2d 16 (Fla. 3d DCA 1975). Therefore we return the matter to the trial court for the purpose of making such disposition of the award. Reversed and re…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Ashleigh M. Moye v. Moye (Fla. 1st DCA 2021)
- Rosen v. Rosen, 386 So. 2d 1268 (Fla. 3d DCA 1980)
- Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977)