Massey v. Massey

SCHEB, Acting Chief Judge.

Huston L. Massey, the husband, appeals from a final judgment of dissolution of marriage. He limits his challenge to the trial court’s award of $50 per week permanent alimony to the wife. His point is meritorious.

*479In her petition for dissolution the wife did not request permanent alimony, or alimony of any kind. At the dissolution hearing, she did not ask to amend her pleadings to request alimony, nor did the parties try the issue by consent. Therefore, the award was improper. See Cooper v. Cooper, 406 So.2d 1223 (Fla. 4th DCA 1981); James v. James, 374 So.2d 1085…