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Coscia v. Coscia

Mildred COSCIA v. Albert COSCIA

Coscia v. Coscia, 262 So. 2d 254 (Fla. Dist. Ct. App. 1972)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
May 9, 1972
Docket
No. 71-423
Judges
Mager, Owen, Reed
Citations
262 So. 2d 2541972 Fla. App. LEXIS 6737
Cited by 6

Opinion of the Court

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PER CURIAM.

On the basis of our review of the briefs and the record on appeal we are of the opinion that the appellant has failed to make error clearly appear except with respect to that part of the final judgment partitioning the marital residence. As a general rule, in the absence of an agreement of the parties or appropriate pleadings praying for partition of jointly owned property upon the entry of a decree of divorce, a chancellor has no authority either to partition jointly owned property or effect what might amount to a property settlement between the parties nor dispose of property belonging to them as an incident to the divorce. Bergh v. Bergh, Fla.App.1961, 127 So.2d 481 . A more detailed discussion of this proposition is set forth in the very recent opinion of Rankin v. Rankin, Fla.App.1972, 258 So.2d 489 .

Accordingly, that part of the final decree partitioning the real property is reversed and the cause remanded for further consideration in light of the procedure set forth in Rankin v. Rankin, supra; in all other respects the final judgment is affirmed.

REED, C. J., and OWEN and MAGER, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

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1974: 21975: 21976: 11980: 119742026peak 1974 · 2

Relies on it most ⓘ

  1. Niemann v. Niemann294 So. 2d 415 (Fla. Dist. Ct. App. 1974)
  2. Gelkop v. Gelkop384 So. 2d 195 (Fla. Dist. Ct. App. 1980)
  3. Arnold v. Arnold292 So. 2d 384 (Fla. Dist. Ct. App. 1974)
  4. Ramirez v. Ramirez309 So. 2d 25 (Fla. Dist. Ct. App. 1975)
  5. O'Hara v. O'Hara327 So. 2d 242 (Fla. Dist. Ct. App. 1976)
  6. Kinlaw v. Kinlaw310 So. 2d 428 (Fla. Dist. Ct. App. 1975)

Most recent

  1. Gelkop v. Gelkop384 So. 2d 195 (Fla. Dist. Ct. App. 1980)
  2. O'Hara v. O'Hara327 So. 2d 242 (Fla. Dist. Ct. App. 1976)
  3. Ramirez v. Ramirez309 So. 2d 25 (Fla. Dist. Ct. App. 1975)
  4. Kinlaw v. Kinlaw310 So. 2d 428 (Fla. Dist. Ct. App. 1975)
  5. Niemann v. Niemann294 So. 2d 415 (Fla. Dist. Ct. App. 1974)
  6. Arnold v. Arnold292 So. 2d 384 (Fla. Dist. Ct. App. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rankin v. Rankin, 258 So. 2d 489 (Fla. Dist. Ct. App. 1972) 31
Bergh v. Bergh, 127 So. 2d 481 (Fla. Dist. Ct. App. 1961) 40

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