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HARRELL v. HARRELL

No. 76-670.

345 So.2d 339 (1977)

Gloria Sue HARRELL, Appellant, v. Winfred M. HARRELL, Appellee.

District Court of Appeal of Florida, Second District.

January 28, 1977.

Attorney(s) appearing for the Case

Ann Loughridge Kerr, Tampa, for appellant.

James S. Moody, Jr., Trinkle, Redman, Clawson, Alley, Swanson & Moody, Plant City, for appellee.

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...

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