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Rivera v. Rivera

Third District Court of Appeal State of Florida
May 29, 2019
274 So. 3d 491 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D18-1338

05-29-2019

Alberto RIVERA, Appellant, v. Maria Teresa RIVERA, Appellee.

Kevin Coyle Colbert, Miami, for appellant. The Padron Law Group, P.L.L.C., and Luis M. Padron, Coral Gables and Brian D. Fell, for appellee.


Kevin Coyle Colbert, Miami, for appellant.

The Padron Law Group, P.L.L.C., and Luis M. Padron, Coral Gables and Brian D. Fell, for appellee.

Before FERNANDEZ, LINDSEY, and MILLER, JJ.

MILLER, J.

As neither party sought to partition the marital home, the body of jurisprudence relied upon by the former husband in furtherance of appellate relief is inapposite. Accordingly, we find no error and affirm. See Gulledge v. Gulledge, 82 So.3d 1113, 1114 (Fla. 2d DCA 2012) (narrowly holding that in partition cases "the trial court err[s] by failing to include a deadline for the refinancing or sale of the marital home"); Sullivan v. Sullivan, 363 So.2d 393, 395 (Fla. 2d DCA 1978) (discussing that in partition cases "the judgment must fix a reasonable deadline by which the sale must take place"); see also Smilack v. Smilack, 858 So.2d 1072, 1075 (Fla. 5th DCA 2003) ("[A] trial court may enforce the provisions of a final judgment through any appropriate remedy.") (citing Montanez v. Montanez, 697 So.2d 184, 186 (Fla. 2d DCA 1997) ).

Affirmed.


Summaries of

Rivera v. Rivera

Third District Court of Appeal State of Florida
May 29, 2019
274 So. 3d 491 (Fla. Dist. Ct. App. 2019)
Case details for

Rivera v. Rivera

Case Details

Full title:Alberto Rivera, Appellant, v. Maria Teresa Rivera, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: May 29, 2019

Citations

274 So. 3d 491 (Fla. Dist. Ct. App. 2019)