LLOYD C. MCDOWELL, APPELLANT,
v.
TRAILER RANCH, INC., A FLORIDA CORPORATION, ANGELO DOMENICK, AND LUCINDA GUINTA, APPELLEES
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Lloyd McDowell appealed an order authorizing execution on his interest in jointly-held real property to satisfy a $50,000 punitive damages judgment. The court held that a joint tenant's individual interest is subject to execution and levy, and affirmed the lower court's order permitting the sheriff to proceed with execution.
A joint tenant's individual interest is subject to levy and execution sale. The court affirmed the order authorizing execution on McDowell's interest in the jointly-held property, which operates as a severance of the joint tenancy.
[1] A joint tenant's individual interest in real property is subject to levy and sale upon execution against that tenant.
[2] An execution sale of a joint tenant's interest in property operates as a severance of the joint tenancy.
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Join FLexlaw to unlock all legal intelligence“There is simply no merit to appellant's position that his interest is not subject to execution.”
States the court's core holding that joint tenant interests can be executed upon
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Join FLexlaw to unlock all legal intelligenceMcDowell and two other parties owned real property in Broward County as joint tenants with right of survivorship. Appellees obtained a $50,000 judgmen…
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GLICKSTEIN, Judge.
Appellant and two other parties — neither of whom is his wife — own a parcel of real property in Broward County as joint tenants with right of survivorship. Appellees obtained a judgment against appellant for $50,000 as punitive damages, which was not superceded, and sought execution on appellant’s interest in the property.1 When the Sheriff of Broward County requested a court order before acting upon appellee’s writ of execution, appellee obtained an order which authorized and directed the sheriff to proceed with execution. It is that post-judgment order which appellant seeks to reverse.
There is simply no merit to appellant’s position that his interest is not subject to execution. While there is no case in Florida directly on point, a plethora of authority throughout the country exists in support of our conclusion.2 Accordingly, we affirm.
DOWNEY and HURLEY, JJ., concur. . The judgment for punitive damages was subsequently affirmed by this court. McDowell v. Guinta, 421 So. 2d 810 (Fla. 4th DCA 1982).
. See 12 Fla.Jur.2d Cotenancy and Partition § 8 (1979):
A joint tenancy may also be severed involuntarily, as by an execution sale of any interest that is subject thereto....
4 Thompson, Real Property § 1780 (1979 Replacement) cites authority from Alabama, Georgia, Illinois, Indiana, Kentucky, Michigan, Minnesota, North Carolina and Vermont for the following principle:
The individual interest of one joint tenant is subject to levy and sale upon execution against him.
In a thoughtful opinion, Jamestown Terminal Elevator, Inc. v. Knopp, 246 N.W. 2d 612, 614 (N.D.1976), the court said:
Severance of a joint tenancy interest in real property may be accomplished by partition. In Re Larendon’s Estate, 439 Pa. 535, 266 A. 2d 763, 42 A.L.R.3d 1107 (1970); Underwood v. Otwell, 269 N.C. 571, 153 S.E. 2d 40 (1967). Severance may be accomplished also by alienation. Schimke v. Karlstad, 87 S.D. 349, 208 N.W. 2d 710 (1973); Keokuk Savings Bank & Trust Co. v. Desvaux, 259 Iowa 387, 143 N.W. 2d 296 (1966). Sale under execution upon a judgment lien will likewise sever the joint tenancy. Frederick v. Shorman, 259 Iowa 1050, 147 N.W. 2d 478 (1966); In Re King’s Estate, 261 Wis. 266, 52 N.W. 2d 885 (1952); Rauer’s Collection Co. v. Higgins, 87 Cal.App.2d 248, 196 P. 2d 803 (1948).
20 Am.Jur.2d, Cotenancy and Joint Ownership § 21 (1965) recites:
[I]t is generally true that a sale under execution of a joint tenant’s interest in joint property operates as a severance of the joint tenancy.
(Footnote omitted.) See also 33 C.J.S. Executions § 101 (1942).
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Hurlbert v. Shackleton, 560 So. 2d 1276 (Fla. 1st DCA 1990)…e to the judgment debtor to be applied toward the satisfaction of the judgment debt.” (emphasis added). A joint tenant whose interest is w.r.o.s. has an interest that is subject to execution on a judgment lien. E.g., McDowell v. Trailer Ranch, Inc., 421 So. 2d 751 (Fla. 4th DCA 1982). A joint tenant whose interest is by the entire-ties, however, does not have an interest that is subject to execution on a judgment lien. E.g., Neu v. Andrews, 528 So. 2d 1278 (Fla. 4th DCA 1988). There is nothing indicating that…
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Amsouth Bank OF Fla. v. Hepner, 647 So. 2d 907 (Fla. 1st DCA 1994)…f any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt.” A joint tenant whose interest is w.r.o.s. has an interest that is subject to execution on a judgment lien. E.g., McDowell v. Trailer Ranch, Inc., 421 So. 2d 751 (Fla. 4th DCA 1982). A joint tenant whose interest is by the entireties, however, does not have an interest that is subject to execution on a judgment hen. E.g., Neu v. Andrews, 528 So. 2d 1278 (Fla. 4th DCA 1988). Hurlbert v. Shackleton, 560 So. 2…
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