GEO. J. BAYA AND MARY PHILLIPS BAYA, HIS WIFE, APPELLANTS,
v.
ROBERT REVITZ, APPELLEE

Fla. 3d DCA | 1973-07-31
No. 72-1042
Before PEARSON, HENDRY and HAVERFIELD, JJ.
281 So. 2d 521 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellants’ point urges that a judgment for partition must be reversed because a cotenant may not seek partition where there is an outstanding lease giving the present right of possession. The trial judge correctly determined that the outstanding lease was not a bar. See Leonard v. Browne, Fla.App.1961, 134 So.2d 872.

Appellee contends that a stipulation in the record of this case was a stipulation of settlement and that therefore the appellants cannot appeal the consent judgment. We agree. Our examination of the record convinces us that the stipulation was a settlement.

Affirmed.

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Cited By

  • Baya v. Revitz, 345 So. 2d 340 (Fla. 3d DCA 1977)
    …PEARSON, Judge. We have been presented with a prior appeal in this matter. See Baya v. Revitz, 281 So. 2d 521 (Fla.3d DCA 1973). We determined there that partition was a proper remedy and, as a second reason for an af-firmance, we held: “Appellee contends that a stipulation in the record of this case was a stipulation of settlement and that therefore the a…
    1 / 2
  • Baya v. Revitz, 363 So. 2d 44 (Fla. 3d DCA 1978)
    …PER CURIAM. The opinion in this cause was filed on March 8, 1977. See Baya v. Revitz, 345 So. 2d 340 (Fla. 3d DCA 1977). See also Baya v. Revitz, 281 So. 2d 521 (Fla. 3d DCA 1973). We are now presented with a petition to review a judgment for costs pursuant to Fla.App. Rule 3.16.1 The order taxing costs provides as follows: “[3] That Defendants, GEORGE J. BAYA, and MARY PHILLIPS BAYA, his wife, and the sec…

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