IN RE MARRIAGE OF McDADE

No. 77-1633.

359 So.2d 38 (1978)

In re the MARRIAGE OF Howard McDade, Appellant, and Margaret J. McDade, Appellee.

District Court of Appeal of Florida, Second District.

May 31, 1978.


Attorney(s) appearing for the Case

John E. Swisher of Law Office of R. Bruce Akerson, St. Petersburg, for appellant.

Wayne O. Smith of Wallace & Smith, P.A., St. Petersburg, for appellee.


OTT, Judge.

The appellant (ex-husband) appeals from an order which denied (in effect) his Petition for Disposition of Realty by Partition. We reverse.

In 1973 the appellant brought a proceeding for dissolution of marriage. In his complaint, he prayed, inter alia, for the following relief: "That the home place of the parties ... be sold and the proceeds therefrom be divided equally between the parties." The wife filed an appropriate answer and counter...

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