Florida Statute 64.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 64
PARTITION OF PROPERTY

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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 Citing Statute 64.061

Total Results: 18

MYRA BLEW v. MICHAEL BLEW

Court: District Court of Appeal of Florida | Date Filed: 2023-03-29

Snippet: trial court’s order fails to comply with section 64.061(4), Florida Statutes (2021), because the order

REYNALDO FRADERA vs EVELYN FRADERA

Court: District Court of Appeal of Florida | Date Filed: 2022-11-04

Snippet: appointment of special magistrate pursuant to section 64.061(4), Florida Statutes (2021), to conduct a private

Crusaw v. Crusaw

Court: District Court of Appeal of Florida | Date Filed: 2015-11-24

Citation: 179 So. 3d 507, 2015 Fla. App. LEXIS 17714, 2015 WL 7444186

Snippet: for - a sale of the property, and that section 64.061(4),.Flori-da Statutes, requires that a.party must

Marks v. Stein

Court: District Court of Appeal of Florida | Date Filed: 2015-03-20

Citation: 160 So. 3d 502, 2015 Fla. App. LEXIS 4025, 2015 WL 1259605

Snippet: analysis of the issue presented. Under section 64.061(4), where there is an uncontested allegation that

Smith v. Smith

Court: District Court of Appeal of Florida | Date Filed: 2011-05-06

Citation: 62 So. 3d 672, 2011 Fla. App. LEXIS 6433, 2011 WL 1705574

Snippet: pursuant to a final judgment of partition. See § 64.061(4), Fla. Stat. (2008). Our review is limited because

TID Services, Inc. v. Dass

Court: District Court of Appeal of Florida | Date Filed: 2010-11-17

Citation: 65 So. 3d 1, 2010 Fla. App. LEXIS 17638, 2010 WL 4628571

Snippet: to sell the property in accordance with section 64.061(4), Florida Statutes (2008). The circuit court

Geraci v. Geraci

Court: District Court of Appeal of Florida | Date Filed: 2007-08-24

Citation: 963 So. 2d 904, 2007 WL 2403787

Snippet: to consider the matter. We conclude that section 64.061(4), Florida Statutes (2005), authorizes such a

Rose v. Hansell

Court: District Court of Appeal of Florida | Date Filed: 2006-02-22

Citation: 929 So. 2d 22, 2006 WL 398605

Snippet: to partition without prejudice to its owners. § 64.061(4), Fla. Stat (2005); Thompson v. Mitchell, 429

Schroeder v. Lawhon

Court: District Court of Appeal of Florida | Date Filed: 2006-02-10

Citation: 922 So. 2d 285, 2006 WL 305433

Snippet: Once a judgment for partition is entered, section 64.061 controls the applicable procedure. In pertinent

De Shlesinger v. De Sleyzynger

Court: District Court of Appeal of Florida | Date Filed: 1995-04-26

Citation: 653 So. 2d 1135, 1995 Fla. App. LEXIS 4407, 1995 WL 238795

Snippet: the parties as tenants in common. See §§ 64.051, 64.061(4), 64.071, Fla.Stat. (1993). Included within the

Thompson v. Mitchell

Court: District Court of Appeal of Florida | Date Filed: 1983-03-22

Citation: 429 So. 2d 388, 1983 Fla. App. LEXIS 18897

Snippet: not subject to partition in kind.1 Pursuant to § 64.061, Florida Statutes, a commission was appointed to

Collins v. Collins

Court: District Court of Appeal of Florida | Date Filed: 1981-12-02

Citation: 406 So. 2d 1233, 1981 Fla. App. LEXIS 21816

Snippet: held in accordance with the mechanics of section 64.061 et seq. Florida Statutes (1979). See Carlsen v

Lambert v. Lambert

Court: District Court of Appeal of Florida | Date Filed: 1981-08-13

Citation: 403 So. 2d 484

Snippet: marital home was indivisible pursuant to Section 64.061(4). Therefore, on remand, the trial court should

Judge v. Judge

Court: District Court of Appeal of Florida | Date Filed: 1979-05-04

Citation: 370 So. 2d 833

Snippet: partition and sale should proceed according to Section 64.061 et seq., Florida Statutes (1977). The award of

Sanders v. Sanders

Court: District Court of Appeal of Florida | Date Filed: 1977-11-16

Citation: 351 So. 2d 1126

Snippet: may be appropriate, in compliance with Section 64.061, Florida Statutes (1975), *1127 nor does it provide

Carlsen v. Carlsen

Court: District Court of Appeal of Florida | Date Filed: 1977-05-25

Citation: 346 So. 2d 132

Snippet: Banfi, 123 So.2d 52 (Fla. 3d DCA 1960). Section 64.061(1) provides for appointment of three suitable persons

Keyes v. Rymer Realty Corp.

Court: District Court of Appeal of Florida | Date Filed: 1969-03-04

Citation: 219 So. 2d 711, 1969 Fla. App. LEXIS 6194

Snippet: finding constitutes substantial compliance with § 64.061(4), Fla.Stat., F.S.A.1 See also: Boley v. Skinner

Sirugo v. Sirugo

Court: District Court of Appeal of Florida | Date Filed: 1964-07-28

Citation: 166 So. 2d 462, 1964 Fla. App. LEXIS 3970

Snippet: PER CURIAM. Affirmed upon the authority of the rule stated in Faber v. Landman, Fla.App.1960, 123 So.2d 405.