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Notarianni v. Notarianni

District Court of Appeal of Florida, Second District
Aug 23, 1991
584 So. 2d 234 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-00780.

August 23, 1991.

Appeal from the Circuit Court, Collier County, Jay B. Rosman, Acting J.

William D. Kramer of William D. Kramer, P.A., Marco Island, for appellant.

J. Blan Taylor, Naples, for appellee.


ON MOTION FOR CLARIFICATION


Upon consideration of appellee's motion for clarification, we hereby grant appellee's motion, and substitute the attached opinion for the one previously issued.

LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.


We reverse the final judgment of dissolution of marriage to the extent it ordered the partition. Partition was not pleaded, stipulated to, or tried by consent. See Ellis v. Ellis, 542 So.2d 450, 451 (Fla. 2d DCA 1989); Labarre v. Labarre, 382 So.2d 761 (Fla. 2d DCA 1980). On remand, the issue of attorney's fees should be considered in light of Smith v. Smith, 495 So.2d 229 (Fla. 2d DCA 1986).

LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.


Summaries of

Notarianni v. Notarianni

District Court of Appeal of Florida, Second District
Aug 23, 1991
584 So. 2d 234 (Fla. Dist. Ct. App. 1991)
Case details for

Notarianni v. Notarianni

Case Details

Full title:RICHARD MICHAEL NOTARIANNI, APPELLANT, v. JEANNETTE F. NOTARIANNI, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 23, 1991

Citations

584 So. 2d 234 (Fla. Dist. Ct. App. 1991)