RYDER, Judge.
Appellant, defendant below, appeals a final summary judgment of partition and argues the trial court erred in ordering a sale of alleged homestead property which was the subject of a prior divorce decree and by issuing a judgment upon a matter entirely outside the issues made by the pleadings.
While we believe partition of property under these circumstances may be proper and is not, in fact, barred by the Constitution, [see, Tullis v. Tullis...
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