Martin v. Estate of Ricks

District Court of Appeal of Florida

Martin v. Estate of Ricks

363 So. 2d 636

CourtDistrict Court of Appeal of Florida

DecidedOctober 31, 1978

DocketNo. 77-2025

StatusPublished

Cited by1 cases

This text of 363 So. 2d 636 (Martin v. Estate of Ricks) 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.

Bluebook

Martin v. Estate of Ricks, 363 So. 2d 636 (Fla. Ct. App. 1978).

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Opinion

KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from a final judgment of partition dated August 31, 1977, entered by the trial court. Appellant’s two basic points on appeal are that, in paragraphs 4, 5, 6, and 7 of the final judgment, the trial court erred (1) by finding her responsible for appellees’ attorneys’ fees, and (2) by requiring her to pay appellees’ attorneys’ fees into the registry of the trial court as a condition precedent to having her special equity applied as a credit on her bid at a court sale of the property.

Appellant’s points on appeal are well taken. Sections 64.071 and 64.081, Florida Statutes (1977), set forth the procedures to be used in partition cases. Pursuant to these Sections, we believe that it was error for the trial court to require appellant to pay all of the attorneys’ fees in the cause and, also, error to require such fees to be placed into the registry of the trial court prior to a sale of the property. See McQueen v. Forsythe, 55 So.2d 545 (Fla. 1951); Adler v. Schekter, 197 So.2d 46 (Fla. 3d DCA 1967); and Deltona Corp. v. Kipnis, 194 So.2d 295 (Fla. 2d DCA 1966). Therefore, paragraphs 4, 5, 6, and 7 of the final judgment of partition are quashed and the cause is remanded for further proceedings in the trial court.

Quashed in part and remanded.

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KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from a final judgment of partition dated August 31, 1977, entered by the trial court. Appellant’s two basic points on appeal are that, in paragraphs 4, 5, 6, and 7 of the final judgment, the trial court erred (1) by finding her responsible for appellees’ attorneys’ fees, and (2) by requiring her to pay appellees’ attorneys’ fees into the registry of the trial court as a condition precedent to having her special equity applied as a credit on her bid at a court sale of the property.

Appellant’s points on appeal are well taken. Sections 64.071 and 64.081, Florida Statutes (1977), set forth the procedures to be used in partition cases. Pursuant to these Sections, we believe that it was error for the trial court to require appellant to pay all of the attorneys’ fees in the cause and, also, error to require such fees to be placed into the registry of the trial court prior to a sale of the property. See McQueen v. Forsythe, 55 So.2d 545 (Fla. 1951); Adler v. Schekter, 197 So.2d 46 (Fla. 3d DCA 1967); and Deltona Corp. v. Kipnis, 194 So.2d 295 (Fla. 2d DCA 1966). Therefore, paragraphs 4, 5, 6, and 7 of the final judgment of partition are quashed and the cause is remanded for further proceedings in the trial court.

Quashed in part and remanded.

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Bluebook (online)

363 So. 2d 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-estate-of-ricks-fladistctapp-1978.

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