Harrell v. Harrell, 345 So. 2d 339

SCHEB, Judge.

On this appeal by the wife from a judgment of dissolution, we find one point to have merit. The court erred in partitioning the parties’ nursery business when there was no prayer for partition and the issue was not tried by consent. Doane v. Doane, 330 So.2d 753 (Fla. 2d DCA 1976); Rankin v. Rankin, 258 So.2d 489 (Fla. 2d DCA 1972).

Accordingly, the following paragraph in the court’s final judgment is hereby stricken:

“ORDERED that the nursery plants, and the equipment used in the operation thereof, be divided equally between the parties, or in the alternative be sold and the proceeds divided equally, unless the parties otherwise reach agreement thereon.”

Otherwise, the judgment is affirmed.

BOARDMAN, C. J., and McNULTY, J., concur.

Case Details

Case Name: Harrell v. Harrell

Court Name: District Court of Appeal of Florida

Date Published: Jan 28, 1977

Citations: 345 So. 2d 339; No. 76-670

Docket Number: No. 76-670

Court Abbreviation: Fla. Dist. Ct. App.