The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . 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 . . .
. . . See § 64.061(4), Fla. Stat. (2008). Our review is limited because of the lack of a transcript. . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 64.061(4), Fla. Stat (2005); Thompson v. . . .
. . . 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. . . .
. . . See §§ 64.051, 64.061(4), 64.071, Fla.Stat. (1993). . . .
. . . 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) ... . . .
. . . the parties refuse to cooperate, the sale must be held in accordance with the mechanics of section 64.061 . . .
. . . 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. . . .
. . . property is not amicably resolved within such time, partition and sale should proceed according to Section 64.061 . . .
. . . for the appointment of commissioners or a master, as may be appropriate, in compliance with Section 64.061 . . .
. . . 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 . . .
. . . 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 . . .