Caruso v. Plunk

District Court of Appeal of Florida

Caruso v. Plunk

574 So. 2d 1230, 1991 Fla. App. LEXIS 1522, 1991 WL 22981

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 1991

DocketNo. 90-647

StatusPublished

Cited by1 cases

This text of 574 So. 2d 1230 (Caruso v. Plunk) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Caruso v. Plunk, 574 So. 2d 1230, 1991 Fla. App. LEXIS 1522, 1991 WL 22981 (Fla. Ct. App. 1991).

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Opinion

COBB, Judge.

In this case the plaintiff below, Christina M. Caruso, brought an action against Carl Plunk, seeking rescission of a quit-claim deed she and her husband had executed involving two acres of land. Alternatively, she sought partition of the property.

We affirm the trial court’s denial of rescission, but reverse its denial of partition. Partition is a matter of right for tenants in common. Condrey v. Condrey, 92 So.2d 423 (Fla.1957). Exceptions to that right include waiver and estoppel, but neither was pled nor proven in the instant case. At trial, Plunk testified that the property, owned in common by Caruso and Plunk, was divisible. We therefore remand for appropriate proceedings pursuant to Chapter 64.

AFFIRMED in part; REVERSED in part; and REMANDED.

DAUKSCH and PETERSON, JJ., concur.

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