FERNANDO FERNANDEZ AND MIAMI'S WORLD OF HANDICRAFT, INC., APPELLANT,
v.
SYLVIA GONZALEZ, APPELLEE
FERNANDO FERNANDEZ AND MIAMI'S WORLD OF HANDICRAFT, INC., APPELLANT,
SYLVIA GONZALEZ, APPELLEE
758 So. 2d 1192
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Fernando Fernandez and Miami’s World of Handicraft, Inc. appeal a post-judgment order in partition proceedings, allocating expenses between the parties and determining the price at which the appellee was permitted to purchase the interest of appellants. “Partition proceedings are in equity. The principles [regarding partition] ... should be flexibly applied in order to arrive at a fair, equitable, and just decree.” Hernandez v. Hernandez, 645 So. 2d 171, 175 (Fla. 3d DCA 1994). So far as appears from the abbreviated record now before us, the calculations were within the trial court’s discretion and we are not convinced that any error has occurred.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Green v. Green, 16 So. 3d 298 (Fla. 1st DCA 2009)…ice dictated. Partition proceedings are in equity. Bermudez y Santos v. Bermudez y Santos, 773 So. 2d 568 (Fla. 3d DCA 2000). Partition principles are flexibly applied in order to arrive at a fair, equitable, and just decree. Fernandez v. Gonzalez, 758 So. 2d 1192 (Fla. 3d DCA 2000). A court of equity administers justice “according to good conscience.” Schroeder v. Gebhart, 825 So. 2d 442, 446 (Fla. 5th DCA 2002). Because partition is a subject of equitable jurisdiction, the trial court will be affirmed unles…
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Ketan Patel v. Ramanlal Patel (Fla. 5th DCA 2019)…mining whether credits or set-offs are appropriate. Wood v. Friedman, 388 So. 2d 1355, 1358 (Fla. 5th DCA 1980). Partition principles are applied in a flexible manner “in order to arrive at a fair, equitable, and just decree.” Fernandez v. Gonzalez, 758 So. 2d 1192, 1193 (Fla. 3d DCA 2000) (citation omitted). Appellee argues that the following language in paragraph 4 of the Judgment supports the court’s order of disbursement: The Clerk of this Court . . . shall sell the real property . . . free and discharge…
Authorities Cited
- Hernandez v. Walfrido Hernandez, 645 So. 2d 171 (Fla. 3d DCA 1994)