ALICE MARIE POITIER, APPELLANT,
v.
BERNARD CARLTON POITIER, APPELLEE
Explore caselaw by topic → Browse Tenancy By The Entirety cases and more on FLexlaw
PER CURIAM.
No error or abuse of discretion has been demonstrated with respect to the trial court’s rulings concerning lump sum alimony, special equity or costs. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Farrington v. Farrington, 390 So. 2d 461 (Fla. 3d DCA 1980), review dismissed, 399 So. 2d 1142 (Fla.1981). The court did err, however, by ordering the partition and sale of real property held by the parties as tenants by the entireties in the absence of an appropriate request and compliance with the requirements of Chapter 64, Florida Statutes (1983). Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977). See Muhlrad v. Muhlrad, 375 So. 2d 24 (Fla. 3d DCA 1979); § 689.15, Fla.Stat. (1983).
Accordingly, the portion of the judgment ordering the partition and sale of the real property held by the entireties is reversed; in all other respects, the judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Iribar v. Iribar, 510 So. 2d 1023 (Fla. 3d DCA 1987)…on in refusing to award the wife an automobile as lump sum alimony because (a) the parties owned no automobile to be distributed to the wife, and (b) the trial court otherwise equitably distributed the assets of the marriage. See Poitier v. Poitier, 458 So. 2d 428 (Fla. 3d DCA 1984); Maggio v. Maggio, 405 So. 2d 1078, 1079 (Fla. 2d DCA 1981); Feldman v. Feld-man, 390 So. 2d 1231, 1232 (Fla. 3d DCA 1980). Second, we see no merit in the wife’s attack on the rehabilitative alimony award. The award was strictly…
-
Lift v. Lift, 1 So. 3d 259 (Fla. 4th DCA 2009)…. Finally, the parties agree that the trial court could not order the sale of the marital home where neither side filed a pleading requesting that relief. See Martinez v. Martinez, 573 So. 2d 37, 43 (Fla. 1st DCA 1990); see also Poitier v. Poitier, 458 So. 2d 428 (Fla. 3d DCA 1984) (trial court erred “by ordering the partition and sale of real property held by the parties as tenants by the entireties in the absence of an appropriate request”); Hazelwood v. Hazelwood, 345 So. 2d 819, 821 (Fla. 4th DCA 1977) (…
-
Kuharsky v. Kuharsky, 582 So. 2d 78 (Fla. 4th DCA 1991)…nd awarded to the wife a one-half interest in the proceeds. The record suggests that this award is in fact an award of lump-sum alimony. In considering an award of lump-sum alimony, the standard of review is abuse of discretion. Poitier v. Poitier, 458 So. 2d 428 (Fla. 3d DCA 1984). “If a reasonable person could have concluded as did the trial court, there has been no abuse of discretion.” Thompson v. Thompson, 546 So. 2d 99 (Fla. 4th DCA 1989). In view of the wife’s extraordinary contributions to the financ…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Farrington v. Prince Farrington, 390 So. 2d 461 (Fla. 3d DCA 1980)
- Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977)
- Muhlrad v. Muhlrad, 375 So. 2d 24 (Fla. 3d DCA 1979)