Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 64.011 - Full Text and Legal Analysis Florida Statute 64.011 | Lawyer Caselaw & Research
Fla. Stat. § 64.011 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
64.011 Jurisdiction.All actions for partition are in chancery.
History.s. 1, Mar. 14, 1844; RS 1490; GS 1939; RGS 3202; CGL 4994; s. 2, ch. 29737, 1955; s. 19, ch. 67-254.
Note.Former s. 66.01.

Cases Citing F.S. 64.011

Copy

·Demetree v. State Ex Rel. Marsh, 89 So. 2d 498 (Fla. 1956).

Cited 47 times | Published | Supreme Court of Florida

abatement of the nuisance in accordance with Section 64.11, Florida Statutes, F.S.A., by a proceeding in
0 red0 yellow17 green0 procedural
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2016)
phrase: "rule_authority"
Cited as authority(citing case) (2015)
phrase: "rule_authority"
Copy

·State Ex Rel. Giblin v. Sullivan, 26 So. 2d 509 (Fla. 1946).

Cited 40 times | Published | Supreme Court of Florida | 157 Fla. 496, 1946 Fla. LEXIS 780

in his own behalf, under the provisions of Section 64.11, Fla. Stats. 1941 (FSA), filed in the Circuit
0 red0 yellow11 green1 procedural
Cited as authorityDelMonico (2013)
phrase: "rule_authority"
Cited as authorityHughes (2002)
phrase: "rule_authority"
Cited as authorityAA (1992)
phrase: "rule_authority"
Copy

·Florio v. State Ex Rel. Epperson, 119 So. 2d 305 (Fla. 2d DCA 1960).

Cited 24 times | Published | Florida 2nd District Court of Appeal | 80 A.L.R. 2d 1117

the complaint stated a cause of action under section 64.11 and section 823.05, Florida Statutes, F.S.A
0 red0 yellow12 green0 procedural
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authorityCitibank (2000)
phrase: "rule_authority"
Cited as authorityNCCI (1995)
phrase: "rule_authority"
Copy

·United States Steel Corp. v. Save Sand Key, Inc., 303 So. 2d 9 (Fla. 1974).

Cited 22 times | Published | Supreme Court of Florida | 1974 Fla. LEXIS 4523

authority to bring this action as authorized by Section 64.11, Florida Statutes, F.S.A., is untenable as to
0 red0 yellow4 green0 procedural
Cited as authority(citing case) (2019)
phrase: "rule_authority"
Cited as authority(citing case) (2016)
phrase: "rule_authority"
Cited as authoritySkaggs-Albertson's (1978)
phrase: "rule_authority"
Copy

·McInerney v. Ervin, 46 So. 2d 458 (Fla. 1950).

Cited 14 times | Published | Supreme Court of Florida

and subject to abatement as provided for in Section 64.11, 64.15, both inclusive, Florida Statutes, 1941
0 red0 yellow2 green0 procedural
Cited as authorityMercer (1964)
phrase: "rule_authority"
Cited as authority(citing case) (1955)
phrase: "rule_authority"
Copy

·Bucacci v. Boutin, 933 So. 2d 580 (Fla. 3d DCA 2006).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1627456

...an action for monetary damages. See De Pantosa Saenz v. Rigau & Rigau, P.A., 549 So.2d 682 (Fla. 2d DCA 1989) (distinguishing between the applicability of legal and equitable remedies). Partition, the remedy sought by Boutin, is an action in equity. § 64.011, Fla....
...the entire tenancy, on the decease of one tenant, remains to the survivors, and ultimately to the last survivor."). Thus elucidated, one can readily glean the absurdity of Bucacci's legal position. Partition in Florida is governed by statute. See §§ 64.011-091, Fla....
0 red0 yellow5 green0 procedural
Cited as authority(citing case) (2023)
phrase: "rule_authority"
Cited as authorityJahangiri (2018)
phrase: "rule_authority"
Cited as authority(citing case) (2013)
phrase: "rule_authority"
Copy

·In re Damerau, 525 B.R. 799 (Bankr. S.D. Fla. 2015).

Cited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 25 Fla. L. Weekly Fed. B 277, 2015 Bankr. LEXIS 514, 2015 WL 738668

...The second, a boat dock in Lighthouse Point owned jointly with the Debt- or’s mother, is asserted to be worth $25,000. The boat dock is the subject of an adversary proceeding [Adv. Pro. 14-1855] brought by the Trustee to sell the property under 11 U.S.C. § 363 (h) and to partition the property under Fla. Stat. § 64.011 , et seq....
0 red0 yellow4 green0 procedural
Cited as authorityVital Pharmaceuticals, Inc. (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Copy

·Giblin v. State, 29 So. 2d 18 (Fla. 1947).

Cited 8 times | Published | Supreme Court of Florida | 158 Fla. 490, 1947 Fla. LEXIS 552

and others, which was a suit brought under Section 64.11 of the Florida Statutes Annoted, against the
0 red0 yellow1 green0 procedural
Cited as authorityScussel (1963)
phrase: "rule_authority"
Copy

·Boynton v. State Ex Rel. Mincer, 75 So. 2d 211 (Fla. 1954).

Cited 7 times | Published | Supreme Court of Florida

This suit was instituted by the State under Section 64.11, Florida Statutes 1951, F.S.A. to enjoin a nuisance
0 red0 yellow1 green0 procedural
Cited as authorityGrosso (1968)
phrase: "rule_authority"
Copy

·In Re Cone Constructors, Inc., 265 B.R. 302 (Bankr. M.D. Fla. 2001).

Cited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 331, 2001 Bankr. LEXIS 985, 2001 WL 881214

governed entirely by the Bankruptcy Act and that § 64, 11 U.S.C. § 104, 11 U.S.C.A. § 104, which prescribes
0 red0 yellow2 green0 procedural
Cited as authorityHeidkamp (2003)
phrase: "rule_authority"
Cited as authorityIn Re Celotex Corp. (2003)
phrase: "rule_authority"
Copy

·Sarasota Cnty. Anglers Club, Inc. v. Burns, 193 So. 2d 691 (Fla. 1st DCA 1967).

Cited 5 times | Published | Florida 1st District Court of Appeal

authority to bring this action as authorized by Section 64.11, Florida Statutes, F.S.A., is untenable as to
0 red0 yellow1 green1 procedural
Cited as authority(citing case) (1997)
phrase: "rule_authority"
Cert. denied(citing case) (1974)
phrase: "certiorari denied"
Copy

·Mcfall v. Trubey, 992 So. 2d 867 (Fla. 2d DCA 2008).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4482578

...Lawhon, 922 So.2d 285, 296 (Fla. 2d DCA 2006) (noting that it is appropriate in a partition action for the court to adjust the parties' liabilities for payments of expenses such as past real estate taxes). [2] A suit for partition of real property is one in chancery. § 64.011, Fla....
0 red0 yellow2 green0 procedural
Cited as authorityTate (2012)
phrase: "rule_authority"
Cited as authorityJoseph (2012)
phrase: "rule_authority"
Copy

·Marks v. Stein, 160 So. 3d 502 (Fla. 2d DCA 2015).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 4025, 2015 WL 1259605

...her stipulated to by the parties nor authorized by chapter 64, which governs actions for partition. IV. DISCUSSION A. Procedures for Partition by Sale Actions for partition are based in equity and are governed by chapter 64, Florida Statutes (2013). § 64.011 (“All actions for partition are in chancery.”); Schroeder v....
0 red0 yellow2 green0 procedural
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2023)
phrase: "rule_authority"
Copy

Fed. Amusement Co. v. State Ex Rel. Tuppen, 32 So. 2d 1 (Fla. 1947).

Cited 3 times | Published | Supreme Court of Florida | 159 Fla. 495, 1947 Fla. LEXIS 819

appeal was taken. The suit was instituted under Section 64.11, Florida Statutes 1941, providing for the abatement
Copy

Myra Blew v. Michael Blew (Fla. Dist. Ct. App. 2023).

Published | District Court of Appeal of Florida

160 So. 3d 502, 506 (Fla. 2d DCA 2015) (citing § 64.011 Fla. Stat. (2013)); see also Willard v. Willard
Copy

Foxx v. Foxx, 424 So. 2d 947 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18413

...urt’s mandate following that appeal, Mrs. Foxx has made a substantial investment in the marital home and has maintained it without assistance from Mr. Foxx. Upon remand and partition of the property should a complaint for partition-conforming with Section 64.011, Florida Statutes, be filed, the trial court shall make special provision for her to recoup those expenditures over and above her one-half interest in that property....
Copy

Nat'l Union Fire Ins. v. Weeks Marine, Inc., 88 F. Supp. 3d 1348 (S.D. Fla. 2015).

Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 10327, 2015 WL 410059

subchap-ter.” (Id.) (emphasis added) (quoting 33 C.F.R. § 64.11(a) (2011)).6 Because the Floating Pipeline was
Copy

Briner v. Briner, 425 So. 2d 211 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18771

...However, although the wife remarried in 1974, the husband did not seek partition until 1979. If the husband knew of his former wife’s remarriage but did nothing to oust her from possession, he may be es-topped to assert his claim in equity, which is the basis of all actions for partition. § 64.011, Fla.Stat....
Copy

·Cent. Theatres, Inc. v. State ex rel. Braren, 161 So. 2d 558 (Fla. Dist. Ct. App. 1964).

Published | District Court of Appeal of Florida

places or persons maintaining a public nuisance; § 64.11, Florida Statutes, F.S.A., specifically permits
0 red0 yellow0 green1 procedural
Cert. denied(citing case) (1964)
phrase: "certiorari denied"
Copy

Ambrose v. Rayne, 412 So. 2d 971 (Fla. 3d DCA 1982).

Published | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 19848

...The property was, thus, subject to a partition action. Accordingly, we reverse that portion of the trial court’s judgment which precludes partition in light of the principles announced in Duncan, supra. On remand, the appellant will, of course, be required to proceed in accordance with Section 64.011, Florida Statutes (1979), et seq....
Copy

State ex rel. Dade Cnty. Optometric Ass'n v. Fam. Optical Serv., 209 So. 2d 267 (Fla. Dist. Ct. App. 1968).

Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5623

plaintiff to bring this action pursuant to Fla.Stat. § 64.11, F.S.A. The alleged misleading advertising may
Copy

State Ex Rel. Hardin v. Walker, 39 So. 2d 798 (Fla. 1949).

Published | Supreme Court of Florida | 1949 Fla. LEXIS 1324

189 So. 4, 122 A.L.R. 1000, and they rely on Section 64.11, Florida Statutes, 1941, and F.S.A., which provides

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.