CLINTON HARMON AND MARIE H. ATTICAL, APPELLANTS,
v.
FRITZ GERMAIN, APPELLEE
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The court held that a trial judge cannot order the sale and division of disputed property, but must instead determine ownership.
Police seized a gold bracelet believed to be stolen. Both the alleged victim and the mother of the person found with the bracelet claimed ownership. T…
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SCHWARTZ, Chief Judge.
Fritz Germain thought he saw a gold bracelet which had been stolen from him on the wrist of Clinton Harmon. City of Miami police officers seized the item, but could not determine who owned it. The city therefore filed an interpleader action in which Germain and Harmon’s mother, Maria Attical, each claimed the bracelet. After a non-jury trial, the trial judge found that “[t]he testimony from all parties is contradictory and can not be reconciled,” and thereupon ordered that the bracelet be sold and its proceeds evenly divided. We vacate this order as a totally and self-evidently inappropriate exercise of judicial authority. Perhaps unfortunately, only the parties may settle cases; judges must decide them.1 The cause is remanded for the trial court to perform its required function of determining whether the bracelet belongs to Germain or Attical, and to enter judgment accordingly.2 See Flagship National Bank v. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983).
Vacated, remanded.
. Even Solomon only threatened to split the baby in two as a means of reaching a correct resolution of the controversy.
. In its discretion, the trial court may decide the case with or without additional testimony.
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Villas AT Cutler Ridge Homeowners' Ass'n, Inc. v. Honorable Robert H. Newman, 498 So. 2d 579 (Fla. 3d DCA 1986)…he proper remedy to compel a trial court to exercise its judicial authority and decide a cause, where there is no valid reason to reserve ruling on the matter. Flagship National Bank v. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983); cf. Harmon v. Germain, 487 So. 2d 71 (Fla. 3d DCA 1986) (trial court may not avoid its judicial responsibility by merely dividing between the parties property which was the subject of an interpleader action). Consequently, although we do not, and indeed cannot, preordain what result th…
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Woodco, Inc. v. B & H Realty Corp., 501 So. 2d 1330 (Fla. 3d DCA 1987)…d on independent factual findings. See State ex rel. Palmer v. Atkinson, 116 Fla. 366, 156 So. 726 (Fla.1934) (circuit judge [*1332] has duty to exercise judicial functions in a cause and to make all necessary orders and decrees); Harmon v. Germain, 487 So. 2d 71 (Fla. 3d DCA 1986) (it is totally inappropriate for trial judge to order sale of personal property and division of proceeds rather than to decide disputed issue of ownership). Second, use of the contempt power to enforce a settlement agreement whic…
Authorities Cited
- Flagship Nat'l Bank OF Miami v. The Honorable Thomas A. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983)