Bonifay v. Bonifay, 383 So. 2d 755 (Fla. 4th DCA 1980). · Go Syfert
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Bonifay v. Bonifay, 383 So. 2d 755 (Fla. 4th DCA 1980). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: JONATHAN STIRBERG and JESSICA STIRBERG v. HENRY H. FEIN, in his capacity of Successor Co-Trustee of the NAT STIRBERG REVOCABLE RESIDENCE TRUST (fladistctapp, 2023-03-15)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) JONATHAN STIRBERG and JESSICA STIRBERG v. HENRY H. FEIN, in his capacity of Successor Co-Trustee of the NAT STIRBERG REVOCABLE RESIDENCE TRUST
Fla. Dist. Ct. App. · 2023 · confidence medium
In re Finch’s Estate, 401 So. 2d 1308, 1309 (Fla. 1981) (first alteration in original) (quoting In re Finch’s Estate, 383 So. 2d 755, 757 (Fla. 4th DCA 1980)).
cited Cited as authority (rule) In Re Estate of Finch
Fla. · 1981 · confidence medium
Since the devise here was not a permitted one under the Constitution, the property passed in accordance with section 732.401(1), Florida Statutes (1977). 383 So.2d at 757.
Retrieving the full opinion text from the archive…
Gail Susan BONIFAY
v.
John O. BONIFAY
No. 79-1903.
District Court of Appeal of Florida, Fourth District.
May 14, 1980.
383 So. 2d 755
Jon Jay Ferdinand of Law Offices of Paul L. Backman, Hollywood, for appellant., No appearance for appellee.
Anstead, Beranek, Moore.
Cited by 1 opinion  |  Published
PER CURIAM.

We believe the trial court erred in directing in the final judgment of dissolution that the marital house of the parties be sold. The pleadings were insufficient to sustain an ordér of partition; and even if partition had been properly requested, the court would have been bound to proceed in accordance with the provisions of Chapter 64, Florida Statutes (1979) as to the manner of sale. Sanders v. Sanders, 351 So.2d 1126 (Fla. 2d DCA 1977); Niemann v. Niemann, 294 So.2d 415 (Fla. 4th DCA 1974), cert. discharged 312 So.2d 733 (Fla.1975). Accordingly, the final judgment is reversed and remanded with directions for further proceedings in accordance with this opinion.

ANSTEAD, MOORE and BERANEK, JJ., concur.