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McCLAIN v. McCLAIN

No. 3D11-583.

105 So.3d 641 (2013)

Michael McCLAIN, Appellant, v. Madlen McCLAIN, Appellee.

District Court of Appeal of Florida, Third District.

January 23, 2013.

Attorney(s) appearing for the Case

Quintairos, Prieto, Wood & Boyer, P.A., and James J. McNally , Miami, for appellant.

Madlen McClain, in proper person.

Before SALTER, FERNANDEZ, and LOGUE, JJ.

LOGUE, J.

Michael McClain, the husband, appeals from the portion of the final judgment of dissolution of marriage that granted permanent periodic alimony to Madlen McClain, the wife. Because the wife never asked for alimony in her pleadings, we vacate the portion of the final judgment of dissolution which awarded alimony.

The husband filed a petition for dissolution of marriage seeking equitable distribution, exclusive possession of the marital home, shared...

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