Rivera v. Rivera

Third District Court of Appeal
State of Florida
Opinion filed May 29, 2019.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-1338
Lower Tribunal No. 17-3885
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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.