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Smith v. Smith

District Court of Appeal of Florida, Third District
Jul 8, 1981
399 So. 2d 1025 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-893.

June 2, 1981. Rehearing Denied July 8, 1981.

Appeal from Circuit Court, Dade County; Edmund W. Newbold, Judge.

Horton, Perse Ginsberg and Mallory H. Horton, Miami, for appellant.

Lamchick, Glucksman Johnston and Steven G. Glucksman, Miami, for appellee.

Before HUBBART, C.J., and HENDRY and SCHWARTZ, JJ.


No error or abuse of discretion has been demonstrated, by either the appeal or cross-appeal, with respect to the trial judge's rulings concerning lump-sum alimony and related issues in the judgment under review. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Yandell v. Yandell, 39 So.2d 554, 557 (Fla. 1949); Rosen v. Rosen, 386 So.2d 1268, 1272 (Fla. 3d DCA 1980), review denied, 392 So.2d 1378 (Fla. 1981). The court erred only in partitioning an entireties interest in real property known as 100 Mile Stable in the absence of an appropriate request in the pleadings and compliance with the requirements of Chapter 64, Florida Statutes (1979). Sanders v. Sanders, 351 So.2d 1126 (Fla.2d DCA 1977), and cases cited. That provision of the judgment below is therefore reversed. It is otherwise entirely affirmed.

Affirmed in part, reversed in part.


Summaries of

Smith v. Smith

District Court of Appeal of Florida, Third District
Jul 8, 1981
399 So. 2d 1025 (Fla. Dist. Ct. App. 1981)
Case details for

Smith v. Smith

Case Details

Full title:ROBERT SMITH, APPELLANT, v. DEBORAH SMITH, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 8, 1981

Citations

399 So. 2d 1025 (Fla. Dist. Ct. App. 1981)

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