CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1999 WL 966741
...Merits Biondo claims that the court relied on an improper method to allocate the proceeds of the partition sale. He maintains that because he and Powers each had a 50% interest in the property, the sales proceeds should have been divided equally between them pursuant to section 64.071(1), Florida Statutes (1997). This section provides that, upon a partition sale, the proceeds from such sale shall be divided among the parties in proportion to their interests. § 64.071(1), Florida Statutes (1997)....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1990 WL 82449
...The husband next claims that the trial court erred in ordering sale of the marital residence. As the wife had requested partition, the trial court had discretion to so order. See Jones v. Jones,
527 So.2d 244, 245 (Fla. 3d DCA), review denied,
536 So.2d 244 (Fla. 1988); §
64.071(1), Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...leging, if he can, that the home is nondivisible. Moreover, it may be necessary for the court to appoint three persons as commissioners to make a report concerning whether partition can be made without prejudice to the owners. See Section
64.061 and
64.071(1), Florida Statutes....
...on to their interest. *488 If a partition sale is ordered below, all of the rights of the parties could be adjudicated in one proceeding, and the sales involved in the two actions could be "divided among the parties in proportion to their interest." Section 64.071....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2002 WL 1563621
...The trial court should have entered judgment requiring an equal allocation of partition sale proceeds between the parties with a subsequent $25,497.50 reimbursement to Mr. Marks from Ms. O'Donnell's share. Accordingly, we reverse and remand to the trial court for sale of the property pursuant to section 64.071, Florida Statutes (1999), and allocation of the proceeds of that sale in accordance with the principles set forth in this opinion....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1627456
...the new purchaser, see Kozacik v. Kozacik,
157 Fla. 597,
26 So.2d 659, 661 (1946); Wittock v. Ramponi,
446 So.2d 271 (Fla. 4th DCA 1984), after which the same right to partition would inhere in the new purchaser as is presently prayed by Boutin. See §
64.071(1), Fla....
...n the ownership and maintenance of the property during the years the parties have owned it. We agree with Bucacci on these points, and remand with directions that the property be sold by the clerk of the circuit court at a public auction pursuant to section
64.071 of the Florida Statutes, that an accounting be had to properly allocate and adjust the contributions and expenses among the parties during the years of their ownership of the property in accordance with the terms of the joint venture agreement, and that a distribution of the proceeds thereafter be made to the parties in proportion to their interest pursuant to section
64.071, after the payment of all costs, attorney fees and taxes, as required by section
64.081....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...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
64.071, Florida Statutes (1975)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 4025, 2015 WL 1259605
...up to and including June 30, 2014. The Parties may list the property “As Is”. 6. If a sale of the Property is concluded on or before June 30, 2014, the net proceeds shall be deposited with the Court to await disposition by the Court pursuant to Section 64.071, Florida Statutes (2013). 7. If a sale of the Property is not concluded on or before June 30, 2014, the Court shall enter an Order requiring the sale of the Property at a public auction pursuant to Section 64.071, Florida Statutes (2013)....
...§
64.061(4); see also Geraci v. Geraci,
963 So.2d 904, 907 (Fla. 2d DCA 2007). Instead, “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 [section]
64.071.” §
64.061(4). In turn, section
64.071 prescribes the guidelines for a judicial sale of indivisible property....
...The statute allows the trial court to' order indivisible property “to be sold at public auction to the highest bidder by the commissioners or the clerk” and requires that the money from the sale be “paid into the court to be divided among the parties in proportion to their interest.” §
64.071(1). Thus, under chapter 64, the trial court may either (1) order a private sale under the supervision of the clerk or a magistrate in accordance with section
64.061(4), or (2) order a judicial sale by public auction in accordance with section
64.071....
...To summarize, based on the uncontested allegation that the property was “not reasonably susceptible to an equitable physical division,” the trial court in this case had three options for ordering a partition sale: (1) a judicial sale by public auction under section
64.071, (2) a private sale conducted by the clerk or a magistrate under section
64.061(4), or (3) a private sale based on the stipulation of the parties in accordance with Carlsen ....
...ell the property to a third party or to negotiate a buyout with each other. Consistent with the teaching of Carlsen , the trial court provided that if the property had not been sold by June 30, 2014, it would order a judicial sale in accordance with section 64.071....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6194
...the property sought to be partitioned is indivisible and is not subject to partition without prejudice to the owners”, which was the situation in the instant case by the complaint and answer filed, that the trial judge should have proceeded under §
64.071, Fla.Stat., rather than §
64.061, Fla.Stat., F.S.A., as he apparently did with the consent and acquiscence of all parties.
CopyPublished | District Court of Appeal of Florida
it order a judicial sale in compliance with section
64.071, Florida Statutes (2021). See §
64.061(4),
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18897
...And yet you would like to have the property sold from under them? A. Well, in order to just to have mine sold. Q. How much money do you think you would get from that property? A. I don’t know. Q. You don’t even know? A. No. Q. No further questions. . See § 64.071, Florida Statutes.
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3378, 2010 WL 837863
...The complaint alleged that the acreage was not reasonably susceptible to an equitable physical division without prejudice to the appellees because of the configuration of the property. The appellees for this reason asked for a partition sale pursuant to section 64.071, Florida Statutes (2007), and claimed that a sale would not be prejudicial to Mr....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2403787
...ition 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. In this case, the trial court relied upon this provision to appoint the clerk to conduct a public sale because it was "satisfied" that the property is indivisible without prejudice to one or both brothers. [1] *907 Finally, section 64.071 is entitled "Sale where nondivisible." Section 64.071(1) provides: ORDER OF SALE....
...One brother or the other was unquestionably going to object to the commissioners' report, no matter what the recommendation. That objection would lead to an evidentiary hearing on the issue, at the end of which the trial court could order a sale by the clerk pursuant to section
64.071(1), just as it did here pursuant to section
64.061(4)....
...o study ways to partition the property. Under these circumstances, the evidentiary hearing provided the most efficient resolution to this dispute regarding the divisibility of the property. The partition statutes recognize and permit this procedure. Section 64.071 is therefore not applicable in every partition procedure....
CopyPublished | Florida 3rd District Court of Appeal
...The court awarded
monetary damages in favor of appellees and against appellant and ordered
partition by sale, appointing a special magistrate to sell the property. The
magistrate was empowered to elect between conducting a private sale or
public auction, as provided in section 64.071, Florida Statutes....
