Collins v. Collins

District Court of Appeal of Florida

Collins v. Collins

406 So. 2d 1233, 1981 Fla. App. LEXIS 21816

CourtDistrict Court of Appeal of Florida

DecidedDecember 2, 1981

DocketNo. 80-2198

StatusPublished

Cited by1 cases

This text of 406 So. 2d 1233 (Collins v. Collins) 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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Collins v. Collins, 406 So. 2d 1233, 1981 Fla. App. LEXIS 21816 (Fla. Ct. App. 1981).

Pincite

Opinion

PER CURIAM.

We find that the Order upon Plaintiff’s Motion to Compel Sale of Real Property was improperly entered by the trial court and therefore reverse.

When there is a necessity for partition and sale of real property, and the parties refuse to cooperate, the sale must be held in accordance with the mechanics of section 64.061 et seq. Florida Statutes (1979). See Carlsen v. Carlsen, 346 So.2d 132 (Fla.2d DCA 1977).

The order below is set aside and this cause remanded for partition according to statutory procedures,

REVERSED.

GRIMES, A. C. J., and OTT and SCHOONOVER, JJ., concur.

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