MIGUEL ANGEL DIAZ
v.
KIMBERLY ANNE NOLAN
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When parties voluntarily agree to a private sale of jointly owned property in a partition action, the judgment must set a fixed reasonable period for the sale subject to court approval, with a provision that if the sale is not resolved within that timeframe, judicial sale shall proceed under chapter 64, Florida Statutes.
[1] In a partition action where parties voluntarily agree to a private sale of jointly owned property, the judgment must establish a fixed reasonable period for completion of…
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Join FLexlaw to unlock all legal intelligence“when parties agree to private sale in a partition action, sale is subject to court approval, and judgment must provide that if sale of property is not amicably resolved within a specified reasonable period of time, then sale and partition of property shall take place in accordance with chapter 64, Florida Statutes”
Court citing Marks v. Stein, 160 So. 3d 502, 507 (Fla. 2d DCA 2015) to establish the required elements of a partition judgment when parties agree to private sale
Miguel Angel Diaz and Kimberly Anne Nolan were parties to a paternity and partition action regarding timesharing and jointly owned property. The parti…
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PER CURIAM.
Appellant, Miguel Angel Diaz, appeals the trial court’s final judgment of paternity and partition regarding his timesharing and the partition sale of the parties’ jointly owned property. We affirm without further discussion as to the issue of timesharing. Further, we affirm the trial court’s ruling regarding the partition of the parties’ jointly held property. However, as the parties have voluntarily agreed to a private sale of the property, we remand for the trial court to amend the final judgment to set a fixed reasonable period of time for the sale of the property subject to the court’s approval. The amended final judgment should reflect that if the sale of the property is not resolved within the time frame set by the court, a judicial sale of the property shall take place in accordance with chapter 64, Florida Statutes. See Marks v. Stein, 160 So. 3d 502, 507 (Fla. 2d DCA 2015) (concluding when parties agree to private sale in a partition action, sale is subject to court approval, and judgment must provide that if sale of property is not amicably resolved within a specified reasonable period of time, then sale and partition of property shall take place in accordance with chapter 64, Florida Statutes).
AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
EDWARDS, C.J., and BOATWRIGHT and PRATT, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or 9.331.
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