CHRISTINA M. CARUSO, APPELLANT,
v.
CARL N. PLUNK, APPELLEE

Fla. 5th DCA | 1991-02-28
No. 90-647
DAUKSCH and PETERSON, JJ., concur.
574 So. 2d 1230 Florida District Court of Appeal, Fifth District (1991) Positive Treatment
Cited by 8 cases
Topics
Rescission Of Deed Partition Of Property Partition Tenancy In Common

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Opinion of the Court
COBB, Judge.

COBB, Judge.

In this case the plaintiff below, Christina M. Caruso, brought an action against Carl Plunk, seeking rescission of a quit-claim deed she and her husband had executed involving two acres of land. Alternatively, she sought partition of the property.

We affirm the trial court’s denial of rescission, but reverse its denial of partition. Partition is a matter of right for tenants in common. Condrey v. Condrey, 92 So. 2d 423 (Fla.1957). Exceptions to that right include waiver and estoppel, but neither was pled nor proven in the instant case. At trial, Plunk testified that the property, owned in common by Caruso and Plunk, was divisible. We therefore remand for appropriate proceedings pursuant to Chapter 64.

AFFIRMED in part; REVERSED in part; and REMANDED.

DAUKSCH and PETERSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Doughty v. State, 578 So. 2d 65 (Fla. 5th DCA 1991)
    …COWART, Judge, dissenting. See the dissents in Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990); Znajmiecki v. State, 569 So. 2d 531 (Fla. 5th DCA 1990), rev. granted, Supreme Court, 577 So. 2d 1331 (Fla. 1st DCA 1991); Natvik v. State, 574 So. 2d 1230 (Fla. 5th DCA 1991); Adams v. State, 577 So. 2d 963 (Fla. 5th DCA 1991). See also, contrary to the majority decision herein, Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991); Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991); Worley v. State, 57…
  • Ficichy v. State, 578 So. 2d 45 (Fla. 5th DCA 1991)
    …COWART, Judge, dissenting. See the dissents in Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990); Znajmiecki v. State, 569 So. 2d 531 (Fla. 5th DCA 1990), rev. granted, 577 So. 2d 1331 (Table) (Fla.1991); Natvik v. State, 574 So. 2d 1230 (Fla. 5th DCA 1991); and Adams v. State, 577 So. 2d 963 (Fla. 5th DCA 1991). See also, contrary to the majority decision herein, Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991); Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991); Worley v. State…
  • Kelly v. State, 578 So. 2d 47 (Fla. 5th DCA 1991)
    …COWART, Judge, dissenting. See the dissents in Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990); Znajmiecki v. State, 569 So. 2d 531 (Fla. 5th DCA 1990), rev. granted, 577 So. 2d 1331 (Fla.1991); Natvik v. State, 574 So. 2d 1230 (Fla. 5th DCA 1991); and Adams v. State, 577 So. 2d 963 (Fla. 5th DCA 1991). See also, contrary to the majority decision herein, Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991); Lewis v. State, 574 So. 2d 245 (Fla. 2d DCA 1991); Worley v. State…

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