CURTIS MICHAEL ROBINSON, APPELLANT,
v.
SYLVIA A. BARR, APPELLEE
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Robinson appeals a trial court's denial of his motion for attorney's fees and costs following a final judgment partitioning real property he owned in common with Barr. The appellate court reversed, holding that the trial court failed to properly apply the statutory requirement to award reasonable attorney's fees and costs in partition actions.
The trial court's denial was improper because it failed to comply with section 64.081, Florida Statutes, which mandates that the trial court award attorney's fees and costs in partition cases on equitable principles. The fact that both parties succeeded on partition but failed on other claims is not a valid basis to deny the statutory fee award.
[1] A trial court's denial of attorney's fees and costs in a partition action is insufficient when the stated rationale fails to address the statutory requirements for awardi…
[2] In a partition action, a trial court is required to consider and make awards of attorney's fees and costs as may be appropriate under the relevant statute.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In the final judgment for partition, the trial court necessarily found that partition of the property was appropriate. Thus the trial court was required to consider and make such awards of attorney's fees and costs as might be appropriate in accordance with the provisions of the statute.”
Establishes the mandatory nature of the trial court's duty to consider attorney's fees awards once it grants partition.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRobinson and Barr owned a commercial property in St. Petersburg as tenants in common, each holding a one-half interest. In February 2008, Robinson fil…
The full statement of facts, procedural history, and disposition for this case are member content.
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Curtis Michael Robinson challenges the trial court’s order denying his motion for attorney’s fees and costs following the entry of a final judgment for the partition of real property. Because the trial court’s rationale for denying the motion for fees and costs is insufficient, we reverse and remand for further proceedings.
I. THE FACTUAL AND PROCEDURAL BACKGROUND
Mr. Robinson and Sylvia A. Barr owned as tenants in common a commercial property located in St. Petersburg. Mr. Robinson and Ms. Barr each owned a one-half interest in the real property. In February 2008, Mr. Robinson filed a complaint seeking to partition the property. Ms. Barr filed an answer to the complaint and a counterclaim for partition. In addition to seeking partition, both parties sought additional relief based upon their respective claims arising from the income and expenses associated with the property.
After a trial, the trial court entered a final judgment for the partition of the property. Based on a finding that the property was indivisible, the trial court ordered that the property be sold and the proceeds divided between the parties. In *600addition, the trial court ruled against both Mr. Robinson and Ms. Barr on their claims for additional monetary relief. Mr. Robinson timely filed a motion for attorney’s fees and costs.
The clerk of court sold the property in February 2011, and Mr. Robinson became the purchaser at the sale. In October 2012, the trial court conducted a hearing on Mr. Robinson’s motion for attorney’s fees and costs and another motion filed by Mr. Robinson requesting an order providing for the disbursement of the proceeds of the sale. After the hearing, the trial court entered an order directing the disbursement of the sales proceeds. In the same order, the trial court denied Mr. Robinson’s motion for attorney’s fees and costs. This appeal followed.
II. THE TRIAL COURT’S RATIONALE
In the order under review, the trial court stated its rationale for denying Mr. Robinson’s motion for attorney’s fees and costs in full as follows: “[T]his Court finds that [Mr. Robinson] and [Ms. Barr] both prevailed on the partition counts, but not on the other counts, and that no attorneys’ fees and costs will be awarded.”
III. DISCUSSION
Mr. Robinson sought an award of attorney’s fees and costs under section 64.081, Florida Statutes (2009). The statute, which forms part of chapter 64 concerning partition of property, provides, in pertinent part, as follows: In the final judgment for partition, the trial court necessarily found that partition of the property was appropriate. Thus the trial court was required to consider and make such awards of attorney’s fees and costs as might be appropriate in accordance with the provisions of the statute. See Fernandez-Fox v. Reyes, 79 So.3d 895, 896-97 (Fla. 5th DCA 2012); Deshommes v. Bazin, 421 So.2d 806, 807 (Fla. 3d DCA 1982). The circumstance that both Mr. Robinson and Ms. Barr prevailed on their claims for partition but not on their requests for additional relief is not a valid reason to disregard the command of the statute and to deny Mr. Robinson’s timely motion seeking an award of attorney’s fees and costs.
Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiffs or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest.
IY. CONCLUSION
For the foregoing reasons, we reverse the order under review to the extent that it denied Mr. Robinson’s motion for attorney’s fees and costs. On remand, the trial court shall reconsider the motion in light of the requirements of section 64.081 and the considerations outlined in Adler v. Schekter, 197 So.2d 46 (Fla. 3d DCA 1967). Upon reconsideration of the motion for attorney’s fees and costs, the trial court should make such amendments to the order for the disbursement of funds as may be appropriate.
Reversed and remanded with directions.
VILLANTI and SLEET, JJ., Concur.
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Cauble v. Kaczmarski (Fla. 3d DCA 2024)…Megan Cauble, appeals from a nonfinal order authorizing the disbursement of certain proceeds derived from two private partition sales to appellee, Gregory Kaczmarski.1 On appeal, Cauble cites the decision by our sister court in Robinson v. Barr, 133 So. 3d 599, 600 (Fla. 2d DCA 2014), for the proposition that disbursement was premature because the trial court has yet to reduce her outstanding request for attorney’s fees to judgment. Observing that the court was not statutorily obligated to “order the c…
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Sherman v. Myron K. Sherman (Fla. 4th DCA 2019)…aw interpreting section 64.081 makes clear that costs incurred by both parties in partition actions are to be paid in proportion to the party’s interest in the property, subject to adjustment based on equitable principles. See Robinson v. Barr, 133 So. 3d 599, 600 (Fla. 2d DCA 2014) (“The circumstance that both [parties] prevailed on their claims for partition, but not on their requests for additional relief is not a valid reason to disregard the command of [section 64.081]” to award costs in proporti…
Authorities Cited
- Adler v. Nathan Schekter et ux., 197 So. 2d 46 (Fla. 3d DCA 1967)
- Alvance Deshommes v. Calmita Bazin, 421 So. 2d 806 (Fla. 3d DCA 1982)
- Fernandez-Fox v. Reyes, 79 So. 3d 895 (Fla. 5th DCA 2012)