ROTTA v. ROTTA

No. 3D09-1836.

34 So.3d 107 (2010)

Renee ROTTA, Appellant, v. Dan ROTTA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied May 28, 2010.


Attorney(s) appearing for the Case

Lee Milich, Ft. Lauderdale, for appellant.

Mitrani, Rynor, Adamsky & Toland, Pamela A. Chamberlin, and Sholom Boyer, for appellee.

Before RAMIREZ, C.J., and CORTIÑAS, J., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

Upon review of a final judgment of dissolution of marriage, we hold as follows:

(1) The portion of the judgment returning to the husband $400,000 he had voluntarily and unconditionally paid the wife to reduce a self-acknowledged debt to her is vacated both because (a) that relief was never pled, asserted, claimed in any other fashion, or a subject of the trial, See Dysart v. Hunt...

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