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Florida Statute 64.061 | Lawyer Caselaw & Research
F.S. 64.061 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 64.061

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 64
PARTITION OF PROPERTY
View Entire Chapter
F.S. 64.061
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.

F.S. 64.061 on Google Scholar

F.S. 64.061 on Casetext

Amendments to 64.061


Arrestable Offenses / Crimes under Fla. Stat. 64.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 64.061.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CRUSAW, E. k n a Jr. v. CRUSAW, O. C. M. C., 179 So. 3d 507 (Fla. Dist. Ct. App. 2015)

. . . the .parties ,or any of the pro se heirs had moved .for - a sale of the property, and that section 64.061 . . . Once a judgment for partition is entered, section 64.061 controls the applicable procedure. . . . Section 64.061, Florida Statutes, explains the procedure for appointing commissioners responsible for . . . judgment of partition is entered and-the court is satisfied that the allegation is correct .....” § 64.061 . . . Furthermore, section 64.061, Florida Statutes, requires an allegation that partition is not possible . . .

MARKS, v. V. STEIN, C., 160 So. 3d 502 (Fla. Dist. Ct. App. 2015)

. . . Under section 64.061(4), where there is an uncontested allegation that the property is not divisible . . . commission to determine whether and how a partition in kind may be appropriate as set out in sections 64.061 . . . (1)-(3). § 64.061(4); see also Geraci v. . . . the clerk to make sale of the property either at private sale or as provided by [section] 64.071.” § 64.061 . . . order a private sale under the supervision of the clerk or a magistrate in accordance with section 64.061 . . .

SMITH, v. W. P. SMITH,, 62 So. 3d 672 (Fla. Dist. Ct. App. 2011)

. . . See § 64.061(4), Fla. Stat. (2008). Our review is limited because of the lack of a transcript. . . .

TID SERVICES, INC. v. DASS,, 65 So. 3d 1 (Fla. Dist. Ct. App. 2010)

. . . special magistrate to take immediate possession of and to sell the property in accordance -with section 64.061 . . . The circuit court did not appoint commissioners in accordance with section 64.061(1), Florida Statutes . . .

GERACI, Jr. v. GERACI,, 963 So. 2d 904 (Fla. Dist. Ct. App. 2007)

. . . We conclude that section 64.061(4), Florida Statutes (2005), authorizes such a procedure when the parties . . . The process by which the partition or allotment is made, however, is set forth in section 64.061. . . . Section 64.061(1) states: APPOINTMENT AND REMOVAL. — When a judgment of partition is made, the court . . . Pursuant to section 64.061(3), any party who disagrees with the report may file an objection within ten . . . This interpretation, however, ignores the provisions of section 64.061(4), which allows the trial court . . .

ROSE, v. R. HANSELL,, 929 So. 2d 22 (Fla. Dist. Ct. App. 2006)

. . . . § 64.061(4), Fla. Stat (2005); Thompson v. . . .

SCHROEDER, v. LAWHON,, 922 So. 2d 285 (Fla. Dist. Ct. App. 2006)

. . . Once a judgment for partition is entered, section 64.061 controls the applicable procedure. . . . Section 64.061 assigns the critical role in the partition process to the commissioners. . . . the commissioners are to make a partition of the property and report it to the court in writing. § 64.061 . . . The parties have ten days from the service of the commissioners’ report to file objections to it. § 64.061 . . . Under section 64.061, a remand to the commissioners may be a practical necessity. . . .

DE SHLESINGER, v. DE SLEYZYNGER,, 653 So. 2d 1135 (Fla. Dist. Ct. App. 1995)

. . . See §§ 64.051, 64.061(4), 64.071, Fla.Stat. (1993). . . .

THOMPSON, Jr. v. MITCHELL,, 429 So. 2d 388 (Fla. Dist. Ct. App. 1983)

. . . Pursuant to § 64.061, Florida Statutes, a commission was appointed to make the partition or report that . . . that property cannot be partitioned in kind without prejudice, an order of sale may not be entered. § 64.061 . . . Defaults were entered against Ralph and five of Willie’s children. . § 64.061(2), Florida Statutes. . . . . All are elderly, with health problems, and untrained in other fields of employment. . § 64.061(3), Florida . . . A stay was entered pending the outcome of this appeal. . 64.061 ... (4) ... . . .

F. COLLINS, v. COLLINS,, 406 So. 2d 1233 (Fla. Dist. Ct. App. 1981)

. . . the parties refuse to cooperate, the sale must be held in accordance with the mechanics of section 64.061 . . .

W. LAMBERT, Jr. v. LAMBERT,, 403 So. 2d 484 (Fla. Dist. Ct. App. 1981)

. . . he did not plead an uncontested allegation that the marital home was indivisible pursuant to Section 64.061 . . . See Section 64.061 and 64.071(1), Florida Statutes. . . .

G. JUDGE, v. A. JUDGE,, 370 So. 2d 833 (Fla. Dist. Ct. App. 1979)

. . . property is not amicably resolved within such time, partition and sale should proceed according to Section 64.061 . . .

E. SANDERS, v. L. SANDERS,, 351 So. 2d 1126 (Fla. Dist. Ct. App. 1977)

. . . for the appointment of commissioners or a master, as may be appropriate, in compliance with Section 64.061 . . .

C. CARLSEN, v. CARLSEN,, 346 So. 2d 132 (Fla. Dist. Ct. App. 1977)

. . . Section 64.061(1) provides for appointment of three suitable persons as commissioners to make the partition . . . entry of an amended final judgment providing for partition in accordance with the mechanics of Section 64.061 . . .

S. KEYES, Jr. v. RYMER REALTY CORPORATION, a a, 219 So. 2d 711 (Fla. Dist. Ct. App. 1969)

. . . This finding constitutes substantial compliance with § 64.061(4), Fla.Stat., F.S.A. . . . and answer filed, that the trial judge should have proceeded under § 64.071, Fla.Stat., rather than § 64.061 . . .