FOXX v. FOXX

No. HH-159.

357 So.2d 754 (1978)

Thomas G. FOXX, Appellant, v. Frances G. FOXX, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 15, 1978.


Attorney(s) appearing for the Case

John Peter Kirtz, Jr., Pensacola, for appellant.

Richard H. Merritt and Thomas E. Johnson of Merritt & Johnson, Pensacola, for appellee.


MILLS, Judge.

Mr. Foxx appeals from a final judgment in a dissolution of marriage action contending the trial court erred in awarding Mrs. Foxx the home and the household furnishings of the parties as partial lump sum alimony. We agree and reverse.

Mrs. Foxx did not allege a claim for lump sum alimony in her petition or the amendments thereto. There being no claim for lump sum alimony, the court had no authority to award Mrs. Foxx lump sum alimony.

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