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Elliott v. Elliott

District Court of Appeal of Florida, Fourth District
Jan 17, 1996
666 So. 2d 276 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1720.

January 17, 1996.

Appeal from the Circuit Court for Broward County; Robert L. Andrews, Judge.

May L. Cain of Cain Snihur, North Miami Beach, for appellant.

John M. Cruz, II of Cruz Gordon, Fort Lauderdale, for appellee.


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(1)(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.


Summaries of

Elliott v. Elliott

District Court of Appeal of Florida, Fourth District
Jan 17, 1996
666 So. 2d 276 (Fla. Dist. Ct. App. 1996)
Case details for

Elliott v. Elliott

Case Details

Full title:SERBERT ELLIOTT, APPELLANT, v. ELAINE ELLIOTT, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 17, 1996

Citations

666 So. 2d 276 (Fla. Dist. Ct. App. 1996)