VERALEANE WATSON
v.
EUCKIAL ROLLE AND GELITA ROLLE
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An order directing the sale of property in a partition action is final and appealable, requiring notice of appeal within thirty days, and the trial court properly denied the emergency motion to vacate judgment.
[1] A partition order directing the sale of property is final and appealable at the time the court directs the sale, even when the court retains jurisdiction to adjust accoun…
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Join FLexlaw to unlock all legal intelligence“an order of partition is final at such time as the court directs the sale of the property”
Citation to Perez v. Jaimot, 326 So. 3d 748, 749 (Fla. 3d DCA 2021), establishing the finality standard for partition orders
Veraleane Watson appealed a trial court order granting Appellees' motion for partial summary judgment that directed the sale of subject property and a…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-2587 Lower Tribunal No. 2024-CA-006324-O
VERALEANE WATSON, Appellant,
v.
EUCKIAL ROLLE and GELITA ROLLE, Appellees.
Appeal from the Circuit Court for Orange County. Eric J. Netcher and John E. Jordan, Judges.
August 28, 2026
BROWNLEE, J.
Appellant Veraleane Watson appeals the trial court's order on Appellees' motion for partial summary judgment, directing the sale of the subject property, as well as the order denying her emergency motion to vacate judgment. We dismiss as untimely the appeal of the order on Appellees' motion for partial summary judgment because that order was final and appealable, and, therefore, Appellant had thirty days to file her notice of appeal. See Perez v. Jaimot, 326 So. 3d 748, 749 (Fla. 3d DCA 2021) ("[A]n order of partition is final at such time as the court directs the sale of the property."); Morrison v. Smolarick, 334 So. 3d 675, 676 (Fla. 2d DCA 2022) ("A partition order directing the sale of property is final even when the court retains jurisdiction 'for the purpose of adjusting, by a further decree, the accounts between the parties.'" (quoting Camp Phosphate Co. v. Anderson, 37 So. 722, 726 (Fla. 1904))). We affirm the trial court's order denying Appellant's emergency motion to vacate judgment in all respects.
AFFIRMED in part; DISMISSED in part.
WHITE and SMITH, JJ., concur.
Veraleane Watson, Winter Park, pro se.
Robert Garcia, of Barry L. Miller, P.A., Orlando, for Appellees.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Keegan v. Neff, 334 So. 3d 675 (Fla. 4th DCA 2024)
- Lisonel Perez v. Jaimot, 326 So. 3d 748 (Fla. 3d DCA 2021)