F. RONALD COLLINS, APPELLANT,
v.
SUSAN COLLINS, APPELLEE
F. RONALD COLLINS, APPELLANT,
SUSAN COLLINS, APPELLEE
406 So. 2d 1233
Florida District Court of Appeal, Second District (1981)
Negative Treatment
Cited by 1 case
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marks v. Stefan V. Stein, 160 So. 3d 502 (Fla. 2d DCA 2015)…rivate sale in dissolution proceedings based on a stipulation of the parties. 346 So. 2d at 133. Absent the parties’ agreement, resort to a private sale as a means of selling the property in a partition action is disapproved. See Collins v. Collins, 406 So. 2d 1233, 1233 (Fla. 2d DCA 1981). The Carlsen court explained the reason for allowing the parties to agree to a private sale as follows: Commonly the trial judge affords the parties an opportunity to negotiate between themselves or arrange a private sale t…
Authorities Cited
- Kirkland v. Johnson, 346 So. 2d 132 (Fla. 2d DCA 1977)