BILLIE JENKINS KIRKLAND, APPELLANT,
v.
WILLIAM THOMAS KIRKLAND, APPELLEE
BILLIE JENKINS KIRKLAND, APPELLANT,
WILLIAM THOMAS KIRKLAND, APPELLEE
492 So. 2d 794
Florida District Court of Appeal, Second District (1986)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse that portion of the judgment of dissolution ordering the jointly owned marital home to be sold. The court was not authorized to order partition of property incident to a dissolution of marriage where, as here, neither party filed the requisite pleadings for partition. Murbach v. Murbach, 490 So. 2d 253 (Fla. 2d DCA 1986); Wiley v. Wiley, 485 So. 2d 2 (Fla. 5th DCA 1986); Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977).
We affirm the judgment in all other respects.
DANAHY, C.J., and GRIMES and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wyona June Walton and James J. Walton v. Runck, 630 So. 2d 221 (Fla. 2d DCA 1993)…make a final resolution of all matters by ordering a sale of the Florida property, there can .be no question that he was without jurisdiction to enter such an order disposing of the Don-Dee Ranch. See Ch. 64, Fla.Stat. (1991); Kirkland v. Kirkland, 492 So. 2d 794 (Fla. 2d DCA 1986), and eases cited therein. We therefore find the trial court erred in ordering a sale of the Don-Dee Ranch, absent a request for such by the parties. The trial court’s order, however, is affirmed in all other respects. Accordingl…
Authorities Cited
- Wiley v. Sharlene Marie Wiley, 485 So. 2d 2 (Fla. 5th DCA 1986)
- Sanders v. Sanders, 351 So. 2d 1126 (Fla. 2d DCA 1977)
- Louriese Murbach v. Murbach, 490 So. 2d 253 (Fla. 2d DCA 1986)