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GARCIA v. GARCIA

No. 83-563.

445 So.2d 1093 (1984)

Oscar GARCIA, Appellant, v. Icer GARCIA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 10, 1984.

Attorney(s) appearing for the Case

Hershoff & Levy and Jay Levy, Miami, for appellant.

Maurice Jay Kutner, Miami, for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

NESBITT, Judge.

The husband filed a petition for dissolution of marriage and sought partition of the marital property. The wife counterclaimed seeking equitable distribution. The husband appeals from the trial court order granting equitable distribution.

He argues, based on Hu v. Hu, 432 So.2d 1389 (Fla. 2d DCA 1983), that in the absence of a pleading setting forth a claim for lump sum alimony, the trial court could...

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