Rivera v. Rivera ( 2019 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed May 29, 2019.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D18-1338
    Lower Tribunal No. 17-3885
    ________________
    Alberto Rivera,
    Appellant,
    vs.
    Maria Teresa Rivera,
    Appellee.
    An appeal from the Circuit Court for Miami-Dade County, Sarah I. Zabel,
    Judge.
    Kevin Coyle Colbert, for appellant.
    The Padron Law Group, P.L.L.C., and Luis M. Padron and Brian D. Fell, for
    appellee.
    Before FERNANDEZ, LINDSEY, and MILLER, JJ.
    MILLER, J.
    As neither party sought to partition the marital home, the body of
    jurisprudence relied upon by the former husband in furtherance of appellate relief
    is inapposite.    Accordingly, we find no error and affirm.       See Gulledge v.
    Gulledge, 
    82 So. 3d 1113
    , 1114 (Fla. 2d DCA 2012) (narrowly holding that in
    partition cases “the trial court err[s] by failing to include a deadline for the
    refinancing or sale of the marital home”); Sullivan v. Sullivan, 
    363 So. 2d 393
    , 395
    (Fla. 2d DCA 1978) (discussing that in partition cases “the judgment must fix a
    reasonable deadline by which the sale must take place”); see also Smilack v.
    Smilack, 
    858 So. 2d 1072
    , 1075 (Fla. 5th DCA 2003) (“[A] trial court may enforce
    the provisions of a final judgment through any appropriate remedy.”) (citing
    Montanez v. Montanez, 
    697 So. 2d 184
    , 186 (Fla. 2d DCA 1997)).
    Affirmed.