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HAYS v. HAYS

No. 79-1583.

384 So.2d 56 (1980)

Jerschel M. HAYS, Appellant, v. Mary C. HAYS, Appellee.

District Court of Appeal of Florida, Fourth District.

June 4, 1980.

Attorney(s) appearing for the Case

Robert A. Huth, Jr., Fort Lauderdale, for appellant.

Lloyd C. Hawthorne, Live Oak, for appellee.

LETTS, Chief Judge.

The appellant/husband seeks review of a portion of the final judgment which ordered the sale of the marital domicile and the award of lump sum alimony to the appellee/wife.

Neither party prayed for partition of the property nor alleged the need for partition. Since the appellee/wife concedes that the trial court erred in ordering partition, this portion of the decree must be reversed. Kitchen...

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