LOIS MIRIAM MCCREADY, APPELLANT,
v.
EDWARD MCCREADY, APPELLEE
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The trial court lacked authority to effectuate a property settlement in a divorce action without an agreement between the parties or appropriate pleadings, requiring vacation and remand of the property disposition and related monetary awards.
A trial court cannot effectuate a property settlement in a divorce action absent an agreement between the parties or appropriate pleadings.
[1] A trial court lacks authority to order a property settlement in a divorce action absent an agreement between the parties or appropriate pleadings requesting such relief.
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PER CURIAM.
Upon an examination of the record on appeal and the briefs we are of the opinion that the final judgment reflects an attempt to effectuate a property settlement between parties to a divorce actipn in the absence of an agreement between the parties or appropriate pleadings; such an adjudication is beyond the authority of the trial court. Niemann v. Niemann, Fla.App.1974, 294 So. 2d 415; Harder v. Harder, Fla.App. 1972, 264 So. 2d 476; Wilbur v. Wilbur, Third District Court of Appeal, 299 So. 2d 99, opinion filed June 28, 1974. Although we find no error with the final judgment in any other respect and would have no hesitancy in affirming we have no way of knowing whether the other monetary awards contained in the final judgment, i.e., child support, attorney’s fees, etc., were in any way predicated upon or influenced by the disposition of the property between the parties.
Accordingly, in order to enable the trial judge to review (and reinstate or alter) these awards, that portion of the final judgment pertaining to such monetary awards is also vacated and the cause remanded for further consideration in accordance with this opinion; in all other respects the final judgment is affirmed.
OWEN, C. J., and MAGER and DOW-NEY, JJ., concur.
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McCREADY v. McCREADY, 356 So. 2d 337 (Fla. 4th DCA 1978)…DOWNEY, Judge. This dissolution of marriage suit proceeded to final judgment in August 1972. Being dissatisfied with that judgment, the wife appealed. This court reversed the judgment in an opinion published at 301 So. 2d 804 (Fla. 4th DCA 1974). The primary basis for the reversal was that the trial court had attempted to effectuate a property settlement for the parties without authority to do so. We were concerned that the trial court’s attempted division of the propert…
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Dirk-Jan Easterling v. Easterling, 358 So. 2d 1114 (Fla. 4th DCA 1978)…mobile home “as tenants in common with each of them owning an undivided one-half interest.” This was error. See Storer v. Storer, 353 So. 2d 152 (Fla. 3rd DCA 1977); Palmer v. Palmer, 330 [*1115] So. 2d 839 (Fla. 2nd DCA 1976); McCready v. McCready, 301 So. 2d 804 (Fla. 4th DCA 1974). The tenor of all the above cited cases is to the effect that the court “cannot make a property settlement for the parties . [and] has no authority to transfer one spouse’s assets to another.” Palmer, supra, at p. 840. As to th…
Authorities Cited
- Niemann v. Niemann, 294 So. 2d 415 (Fla. 4th DCA 1974)
- Harder v. Harder, 264 So. 2d 476 (Fla. 3d DCA 1972)
- Hartman G. Wilbur v. Wilbur, 299 So. 2d 99 (Fla. 3d DCA 1974)