SERBERT ELLIOTT, APPELLANT,
v.
ELAINE ELLIOTT, APPELLEE
Explore caselaw by topic → Browse Partition Of Marital Home cases and more on FLexlaw
PER CURIAM.
Appellee has filed a motion to remand, conceding that the trial court has erred in the final judgment of dissolution.
The points raised by the appellant and the authority supporting reversal are the following: (1) the trial court erred in ordering the marital home sold and the proceeds divided, absent a prayer for partition, Martinez v. Martinez, 573 So. 2d 37, 43 (Fla. 1st DCA 1990), rev. denied, 581 So. 2d 1309 (Fla.1991); (2) the trial court departed from the child support guidelines without providing written reasons explaining why payment of the guidelines amount was not justified, see § 61.30(l)(a), Fla.Stat. (1993); Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994); Dehler v. Dehler, 648 So. 2d 819 (Fla. 4th DCA 1995); (3) the trial court erred in not awarding shared parental responsibility, as there was no finding that shared parental responsibility would be detrimental to the child, see § 61.13(2)(b)(2), Fla.Stat. (1993).
Upon appellee’s concession of error, we reverse and remand for further proceedings.
STONE, WARNER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Sec. Mut. Life Ins. Co. OF Lincoln v. Dep't OF Ins. & State Treas., 707 So. 2d 929 (Fla. 1st DCA 1998)…r the investigation and prosecution of the successful claims can be separated from the unsuccessful claims. Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla.1985). See Imperial Terrace East Homeowner’s Ass’n., Inc. v. Grimes, 666 So. 2d 276 (Fla. 5th DCA 1996); Danis Indus. Corp. v. Ground Improvement Techniques, Inc., 629 So. 2d 985, 988 (Fla. 5th DCA 1993), decision approved, 645 So. 2d 420 (Fla.1994); Fashion Tile & Marble, Inc. v. Alpha One Constr. & Assocs., 532 So. 2d 1306, 1308…
-
Milanick v. Osborne, 6 So. 3d 729 (Fla. 5th DCA 2009)…reasonable award for appellate fees, the Commission shall not award appellate attorney’s fees based upon Osborne’s unsuccessful claim for fees attributable to the supreme court proceeding. See Imperial Terrace East Homeowner’s Ass’n, Inc. v. Grimes, 666 So. 2d 276, 277 (Fla. 5th DCA 1996) (explaining that “a court may reduce an attorney’s fees award based upon the ‘results obtained’ if a ‘party prevails on a claim or claims for relief, but is unsuccessful on other unrelated claims’ ”) (quoting Rowe, 472 So. 2…
Authorities Cited
- Martinez v. Martinez, 573 So. 2d 37 (Fla. 1st DCA 1990)
- Jones v. Jones, 636 So. 2d 867 (Fla. 4th DCA 1994)
- Roukes v. Tee Angel Roukes, 648 So. 2d 819 (Fla. 4th DCA 1995)
- Dehler v. Dehler, 648 So. 2d 819 (Fla. 4th DCA 1995)