64.061
Commissioners; special magistrate.
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64.061 Commissioners; special magistrate.—
(1) APPOINTMENT AND REMOVAL.—When a judgment of partition is made, the court shall appoint three suitable persons as commissioners to make the partition. They shall be selected by the court unless agreed on by the parties. They may be removed by the court for good cause and others appointed in their places.
(2) POWERS, DUTIES, COMPENSATION AND REPORT OF COMMISSIONERS.—The commissioners shall be sworn to execute the trust imposed in them faithfully and impartially before entering on their duties; have power to employ a surveyor, if necessary, for the purpose of making partition; be allowed such sum as is reasonable for their services; to make partition of the lands in question according to the court’s order and report it in writing to the court without delay.
(3) EXCEPTIONS TO REPORT AND FINAL JUDGMENT.—Any party may file objections to the report of the commissioners within 10 days after it is served. If no objections are filed or if the court is satisfied on hearing any such objections that they are not well-founded, the report shall be confirmed, and a final judgment entered vesting in the parties the title to the parcels of the lands allotted to them respectively, and giving each of them the possession of and quieting title to their respective shares as against the other parties to the action or those claiming through or under them.
(4) APPOINTMENT OF SPECIAL MAGISTRATE WHERE PROPERTY NOT SUBJECT TO PARTITION.—On an uncontested allegation in a pleading that the property sought to be partitioned is indivisible and is not subject to partition without prejudice to the owners of it or if a judgment of partition is entered and the court is satisfied that the allegation is correct, on motion of any party and notice to the others the court may appoint a special magistrate or the clerk to make sale of the property either at private sale or as provided by s. 64.071.
History.—ss. 5, 6, 7, 8, Mar. 14, 1844; RS 1495; GS 1944; RGS 3207; CGL 4999; s. 1, ch. 28200, 1953; s. 1, chs. 29685, 29928, 1955; s. 19, ch. 67-254; s. 55, ch. 2004-11.
Note.—Former s. 66.06.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 1969–2023 · leading case: Schroeder v. Lawhon
Schroeder v. Lawhon (2006)
“Once a judgment for partition is entered, section 64.061 controls the applicable procedure.”
Geraci v. Geraci (2007)
“The process by which the partition or allotment is made, however, is set forth in section 64.061. This section establishes a procedure for physically dividing property unless the property is indivisible.”
TID Services, Inc. v. Dass (2010)
“The circuit court did not appoint commissioners in accordance with section 64.061(1), Florida Statutes (2008).”
Carlsen v. Carlsen (1977)
“Accordingly, the last paragraph of the final judgment quoted above is stricken and this cause is remanded to the trial court for entry of an amended final judgment providing *134 for partition in accordance with the mechanics of Section 64.061, et seq. The trial court may…”
Marks v. Stein (2015)
“§ 64.061(4); see also Geraci v. Geraci, 963 So.”
Rose v. Hansell (2006)
“§ 64.061(4), Fla. Stat (2005); Thompson v.”
Lambert v. Lambert (1981)
“See Section 64.061 and 64.071(1), Florida Statutes.”
Thompson v. Mitchell (1983)
“1 Pursuant to § 64.061, Florida Statutes, a commission was appointed to make the partition or report that such a division was not possible without prejudice to the owners.”
Judge v. Judge (1979)
“The cause is remanded for entry of an amended final judgment setting a reasonable period of time for the parties to conclude private arrangements for the sale of the beach house subject to the approval of the court but providing that if the disposition of the property is not…”
Sanders v. Sanders (1977)
“Furthermore, the final judgment itself does not provide for the appointment of commissioners or a master, as may be appropriate, in compliance with Section 64.061, Florida Statutes (1975), *1127 nor does it provide for the manner and conditions of sale pursuant to Section 64.”
Smith v. Smith (2011)
“See § 64.061(4), Fla. Stat. (2008). Our review is limited because of the lack of a transcript.”
Collins v. Collins (1981)
“When there is a necessity for partition and sale of real property, and the parties refuse to cooperate, the sale must be held in accordance with the mechanics of section 64.061 et seq. Florida Statutes (1979).”
— 64.061(1) — 4 cases
Schroeder v. Lawhon (2006)
“Once a judgment for partition is entered, section 64.061 controls the applicable procedure.”
TID Services, Inc. v. Dass (2010)
“The circuit court did not appoint commissioners in accordance with section 64.061(1), Florida Statutes (2008).”
Carlsen v. Carlsen (1977)
“Accordingly, the last paragraph of the final judgment quoted above is stricken and this cause is remanded to the trial court for entry of an amended final judgment providing *134 for partition in accordance with the mechanics of Section 64.061, et seq. The trial court may…”
Geraci v. Geraci (2007)
“The process by which the partition or allotment is made, however, is set forth in section 64.061. This section establishes a procedure for physically dividing property unless the property is indivisible.”
— 64.061(2) — 3 cases
Schroeder v. Lawhon (2006)
“Once a judgment for partition is entered, section 64.061 controls the applicable procedure.”
Thompson v. Mitchell (1983)
“1 Pursuant to § 64.061, Florida Statutes, a commission was appointed to make the partition or report that such a division was not possible without prejudice to the owners.”
Geraci v. Geraci (2007)
“The process by which the partition or allotment is made, however, is set forth in section 64.061. This section establishes a procedure for physically dividing property unless the property is indivisible.”
— 64.061(3) — 3 cases
Schroeder v. Lawhon (2006)
“Once a judgment for partition is entered, section 64.061 controls the applicable procedure.”
Geraci v. Geraci (2007)
“The process by which the partition or allotment is made, however, is set forth in section 64.061. This section establishes a procedure for physically dividing property unless the property is indivisible.”
Thompson v. Mitchell (1983)
“1 Pursuant to § 64.061, Florida Statutes, a commission was appointed to make the partition or report that such a division was not possible without prejudice to the owners.”
— 64.061(4) — 11 cases
Marks v. Stein (2015)
“§ 64.061(4); see also Geraci v. Geraci, 963 So.”
Rose v. Hansell (2006)
“§ 64.061(4), Fla. Stat (2005); Thompson v.”
Geraci v. Geraci (2007)
“The process by which the partition or allotment is made, however, is set forth in section 64.061. This section establishes a procedure for physically dividing property unless the property is indivisible.”
TID Services, Inc. v. Dass (2010)
“The circuit court did not appoint commissioners in accordance with section 64.061(1), Florida Statutes (2008).”
Lambert v. Lambert (1981)
“See Section 64.061 and 64.071(1), Florida Statutes.”
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