MILDRED COSCIA, APPELLANT,
v.
ALBERT COSCIA, APPELLEE
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On the basis of our review of the briefs and the record on appeal we are of the opinion that the appellant has failed to make error clearly appear except with respect to that part of the final judgment partitioning the marital residence. As a general rule, in the absence of an agreement of the parties or appropriate pleadings praying for partition of jointly owned property upon the entry of a decree of divorce, a chancellor has no authority either to partition jointly owned property or effect what might amount to a property settlement between the parties nor dispose of property belonging to them as an incident to the divorce. Bergh v. Bergh, Fla.App.1961, 127 So.2d 481. A more detailed discussion of this proposition is set forth in the very recent opinion of Rankin v. Rankin, Fla.App.1972, 258 So.2d 489.
Accordingly, that part of the final decree partitioning the real property is reversed and the cause remanded for further consideration in light of the procedure set forth in Rankin v. Rankin, supra; in all other respects the final judgment is affirmed.
REED, C. J., and OWEN and MAGER, JJ., concur.
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Dov Gelkop v. Gelkop, 384 So. 2d 195 (Fla. 3d DCA 1980)…r the parties. Sullivan v. Sullivan, 363 So. 2d 393, 395 (Fla. 2d DCA 1978); Foxx v. Foxx, 357 So. 2d 754 (Fla. 1st DCA 1978); Beard v. Beard, 356 So. 2d 1313 (Fla. 2d DCA 1978); Rankin v. Rankin, 258 So. 2d 489 (Fla. 2d DCA 1972); Coscia v. Coscia, 262 So. 2d 254 (Fla. 4th DCA 1972).3 “Even though the [sjtate has jurisdiction over the parties and even though the court is one of competency to render the judgment, a judgment by default is void if it was outside the cause of action stated in the complaint and i…
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Niemann v. Niemann, 294 So. 2d 415 (Fla. 4th DCA 1974)…as lump sum alimony and the award to the husband of the home, office building, automobiles, and boats constitutes an abuse of discretion since it is tantamount to the imposition of a property settlement by the court. Coscia v. Coscia, Fla.App.1972, 262 So. 2d 254; Harder v. Harder, Fla.App.1972, 264 So. 2d 476. The court’s authority to effect a change in the title to the property of the parties in a dissolution of marriage is restricted to an award of lump sum alimony, a determination of a special equity, a…
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Arnold v. Arnold, 292 So. 2d 384 (Fla. 3d DCA 1974)…minor children of the parties and that subsequent thereto a mortgage should be placed thereon to pay off “all of the debts of the parties hereto .”. This procedure is not authorized by any statute or rule of law. See Coscia v. Coscia, Fla.App.1972, 262 So. 2d 254; Bergh v. Bergh, Fla.App. 1961, 127 So. 2d 481. While the final order apparently anticipated that the home would be retained as a home for the wife and children, it failed to provide for the payment of any existing mortgage or the mortgage which it…
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- Rankin v. Rankin, 258 So. 2d 489 (Fla. 2d DCA 1972)
- Bergh v. Bergh, 127 So. 2d 481 (Fla. 1st DCA 1961)
- Allie Pittman v. Mehaffey, 127 So. 2d 481 (Fla. 1st DCA 1961)