Hill v. Hill

Appellant, Kara Joanne Hill, challenges the trial court’s dismissal of her petition for partition. For the reasons expressed below, we remand to allow the trial court to treat Appellant’s petition as a motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b).

The parties agreed to, and the trial court entered, a consent supplemental final judgment dissolving the marriage and equitably distributing the property of Appellant and Appellee, David Alan Hill. Relevant to this appeal, the consent supplemental final judgment provided that Appellee would have exclusive use…