MARK G. KEEGAN
v.
TRACEY C. NEFF
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In this partition action, the Fourth District Court of Appeal affirmed the circuit court's denial of the appellant's objection and motion to vacate a judicial sale of property. The court held that the partition order directing sale was a final order despite the court retaining jurisdiction over division of proceeds, making the appellant's challenges to the original judgment untimely.
The court affirmed the circuit court's post-judgment order. The partition order directing sale of property is a final order even though the court retained jurisdiction to divide the proceeds, making the appellant's arguments attacking the original final judgment untimely. The appellant's remaining arguments lacked merit.
[1] A partition order directing the sale of property becomes final when the court directs the sale, notwithstanding the court's retention of jurisdiction to divide the procee…
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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”
Establishes the legal standard for when a partition order becomes final and appealable
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Join FLexlaw to unlock all legal intelligenceThis case involves a partition action where the circuit court ordered the sale of property. The appellant subsequently filed an objection and motion t…
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Appeal of a nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; G. Joseph Curley Jr., Judge; L.T. Case No. 502022CA002420.
Mark G. Keegan of Keegan Law Group, Palm Beach, pro se. Brett L. Goldblatt of Goldblatt Law, PLLC, Boca Raton, for appellee. PER CURIAM.
We affirm the circuit court’s post-judgment order denying appellant’s objection and motion to vacate a judicial sale of property in the underlying partition action.
Most of appellant’s arguments are untimely directed at the original final judgment ordering partition and sale, which appellant characterizes as a non-final order. However, the judgment constituted a final order. 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.”). The order was final even though the court retained jurisdiction to divide the proceeds. See 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.”) (citation and internal quotation marks omitted). Therefore, appellant cannot challenge the final judgment ordering partition.
Appellant’s remaining arguments also lack merit without further discussion.
2
Affirmed. WARNER, GERBER and FORST, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Keegan v. Neff, 334 So. 3d 675 (Fla. 4th DCA 2024)…tion action. Most of appellant’s arguments are untimely directed at the original final judgment ordering partition and sale, which appellant characterizes as a non-final order. However, the judgment constituted a final order. 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.”). The order was final even though the court retained jurisdiction to divide the proceeds. See Morrison v. Smolarick, 334 So. 3d…1 / 2
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Keegan v. Neff, 334 So. 3d 675 (Fla. 4th DCA 2024)
- Lisonel Perez v. Jaimot, 326 So. 3d 748 (Fla. 3d DCA 2021)