Florida Statutes

Fla. Stat. § 64.061 (2025)

Commissioners; special magistrate.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, 922 So. 2d 285 (Fla. 2d DCA 2006).

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Schroeder v. Lawhon, 922 So. 2d 285 (Fla. 2d DCA 2006). · cites it 8× “Once a judgment for partition is entered, section 64.061 controls the applicable procedure.”

Geraci v. Geraci, 963 So. 2d 904 (Fla. 2d DCA 2007). · cites it 13× “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 Servs., Inc. v. Dass, 65 So. 3d 1 (Fla. 2d DCA 2010). · cites it 4× “The circuit court did not appoint commissioners in accordance with section 64.061(1), Florida Statutes (2008).”

Carlsen v. Carlsen, 346 So. 2d 132 (Fla. 2d DCA 1977). · cites it 2× “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, 160 So. 3d 502 (Fla. 2d DCA 2015). · cites it 5× “§ 64.061(4); see also Geraci v. Geraci, 963 So.”

Rose v. Hansell, 929 So. 2d 22 (Fla. 3d DCA 2006). · cites it 2× “§ 64.061(4), Fla. Stat (2005); Thompson v.”

Lambert v. Lambert, 403 So. 2d 484 (Fla. 1st DCA 1981). · cites it 2× “See Section 64.061 and 64.071(1), Florida Statutes.”

Thompson v. Mitchell, 429 So. 2d 388 (Fla. 1st DCA 1983). · cites it 4× “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, 370 So. 2d 833 (Fla. 2d DCA 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, 351 So. 2d 1126 (Fla. 2d DCA 1977). · cites it 2× “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, 62 So. 3d 672 (Fla. 5th DCA 2011). · cites it 2× “See § 64.061(4), Fla. Stat. (2008). Our review is limited because of the lack of a transcript.”

Collins v. Collins, 406 So. 2d 1233 (Fla. 2d DCA 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).”

Show all 16 citing cases →

— 64.061(1) — 4 cases

Schroeder v. Lawhon, 922 So. 2d 285 (Fla. 2d DCA 2006). “Once a judgment for partition is entered, section 64.061 controls the applicable procedure.”

TID Servs., Inc. v. Dass, 65 So. 3d 1 (Fla. 2d DCA 2010). “The circuit court did not appoint commissioners in accordance with section 64.061(1), Florida Statutes (2008).”

Carlsen v. Carlsen, 346 So. 2d 132 (Fla. 2d DCA 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, 963 So. 2d 904 (Fla. 2d DCA 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, 922 So. 2d 285 (Fla. 2d DCA 2006). “Once a judgment for partition is entered, section 64.061 controls the applicable procedure.”

Thompson v. Mitchell, 429 So. 2d 388 (Fla. 1st DCA 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(3) — 3 cases

Schroeder v. Lawhon, 922 So. 2d 285 (Fla. 2d DCA 2006). “Once a judgment for partition is entered, section 64.061 controls the applicable procedure.”

— 64.061(4) — 11 cases

Marks v. Stein, 160 So. 3d 502 (Fla. 2d DCA 2015). “§ 64.061(4); see also Geraci v. Geraci, 963 So.”

Rose v. Hansell, 929 So. 2d 22 (Fla. 3d DCA 2006). “§ 64.061(4), Fla. Stat (2005); Thompson v.”

TID Servs., Inc. v. Dass, 65 So. 3d 1 (Fla. 2d DCA 2010). “The circuit court did not appoint commissioners in accordance with section 64.061(1), Florida Statutes (2008).”

Lambert v. Lambert, 403 So. 2d 484 (Fla. 1st DCA 1981). “See Section 64.061 and 64.071(1), Florida Statutes.”

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