VERNON WILLIS, APPELLANT,
v.
BEVERLY WILLIS, APPELLEE

Fla. 5th DCA | 1991-02-21
No. 90-1115
HARRIS, GRIFFIN and DIAMANTIS, JJ., concur.
574 So. 2d 328 Florida District Court of Appeal, Fifth District (1991) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Vernon Willis appeals the final judgment of dissolution of marriage and the order of modification of the final judgment entered pursuant to a motion for rehearing. We reverse that part of the final judgment ordering partition of the marital home because neither party sought or agreed to a partition. Britt v. Britt, 552 So. 2d 323 (Fla. 1st DCA 1989) and cases cited therein.

AFFIRMED in part; REVERSED in part.

HARRIS, GRIFFIN and DIAMANTIS, JJ., concur.


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  • Watson v. Raymon O. Watson, 646 So. 2d 297 (Fla. 5th DCA 1994)
    …ion judgment. We affirm in all respects except the order that the marital home be partitioned. Neither party requested it, it was not a part of any pleadings or raised in evidence, and thus was not an issue for the judge to decide. Willis v. Willis, 574 So. 2d 328 (Fla. 5th DCA 1991); Martinez v. Martinez, 573 So. 2d 37, 43 (Fla. 1st DCA 1990), rev. den., 581 So. 2d 1309 (Fla.1991); Britt v. Britt, 552 So. 2d 323, 324 (Fla. 1st DCA 1989); Borntraeger v. Borntraeger, 521 So. 2d 125, 126 (Fla. 1st DCA 1987), re…

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