Goodstein v. Goodstein

PEARSON, Judge.

This is an interlocutory appeal by a plaintiff-wife from an order granting pendente lite relief to the defendant-husband. The order provided for sale under process of the court of the residence owned by the parties as an estate by the entirety.

The appellant brought a complaint for separate maintenance, and the appellee counterclaimed for a divorce. Neither answer nor counterclaim pray for partition of the residence. See Banfi v. Banfi, Fla.App. 1960, 123 So.2d 52.

In this State there are a number of decisions which support the appellant’s contention that the trial judge may not…