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Florida Statute 64.081 | Lawyer Caselaw & Research
F.S. 64.081 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 64.081

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 64
PARTITION OF PROPERTY
View Entire Chapter
F.S. 64.081
64.081 Costs; taxes; attorneys’ fees.Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest. Such judgment is binding on all his or her goods and chattels, lands, or tenements. In case of sale the court may order the costs and fees to be paid or retained out of the moneys arising from the sale and due to the parties who ought to pay the same. All taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money.
History.s. 11, Mar. 14, 1844; RS 1497; s. 1, ch. 4545, 1897; GS 1946; RGS 3209; CGL 5001; s. 1, ch. 57-130; s. 19, ch. 67-254; s. 344, ch. 95-147.
Note.Former s. 66.08.

F.S. 64.081 on Google Scholar

F.S. 64.081 on Casetext

Amendments to 64.081


Arrestable Offenses / Crimes under Fla. Stat. 64.081
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 64.081.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ROBINSON, v. A. BARR,, 133 So. 3d 599 (Fla. Dist. Ct. App. 2014)

. . . Robinson sought an award of attorney’s fees and costs under section 64.081, Florida Statutes (2009). . . . On remand, the trial court shall reconsider the motion in light of the requirements of section 64.081 . . .

FERNANDEZ- FOX, v. REYES, 79 So. 3d 895 (Fla. Dist. Ct. App. 2012)

. . . After a trial court establishes the amount of fees, a trial court is to award fees based on section 64.081 . . . county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money. § 64.081 . . .

NOYES, v. BUSKIRK, Jr., 979 So. 2d 296 (Fla. Dist. Ct. App. 2008)

. . . of attorney’s fees was in error and that the allocation should have been in accordance with section 64.081 . . .

TUROVETS, v. KHROMOV,, 943 So. 2d 246 (Fla. Dist. Ct. App. 2006)

. . . , compensatory damages for Leonid converting the property, and attorney’s fees pursuant to sections 64.081 . . .

BUCACCI, v. BOUTIN,, 933 So. 2d 580 (Fla. Dist. Ct. App. 2006)

. . . to section 64.071, after the payment of all costs, attorney fees and taxes, as required by section 64.081 . . . In allocating each party’s share of costs and attorney fees under section 64.081, the trial court may . . .

M. TOEMMES, v. E. SITES,, 853 So. 2d 472 (Fla. Dist. Ct. App. 2003)

. . . Sites pursuant to sections 64.081 and 57.105, Florida Statutes (2000). . . .

BIONDO, v. A. POWERS,, 743 So. 2d 161 (Fla. Dist. Ct. App. 1999)

. . . followed appropriate procedures in connection with its award of attorney’s fees pursuant to section 64.081 . . .

DAVIS f k a v. LYONS,, 700 So. 2d 794 (Fla. Dist. Ct. App. 1997)

. . . Nekori Skinner, Louis Skinner, III, Linton Skinner and Gloria Davis pursuant to Florida Statutes § 64.081 . . . , Thelma Lyons and subject to contribution from the other Defendants pursuant to Florida Statutes § 64.081 . . . proceedings consistent with this opinion, award attorney’s fees to the prevailing party based on section 64.081 . . .

HOSACK, v. HOSACK,, 679 So. 2d 852 (Fla. Dist. Ct. App. 1996)

. . . assumed value of $50,000 for the house) even if the house sold for less than $50,000, contrary to section 64.081 . . .

HASKELL, v. ROLLINS,, 653 So. 2d 1149 (Fla. Dist. Ct. App. 1995)

. . . See § 64.081, Fla.Stat. (1993); Diaz v. Security Union Title Ins. . . .

DIAZ, v. SECURITY UNION TITLE INSURANCE COMPANY,, 639 So. 2d 1004 (Fla. Dist. Ct. App. 1994)

. . . Section 64.081, Florida Statutes (1993) (emphasis added), provides: Every party shall be bound by the . . . These actions may therefore be deemed to be “of benefit to the partition.” § 64.081, Fla.Stat. (1993) . . . , attorneys’ fees in a partition action are to be paid “in proportion to [the party’s] interest.” § 64.081 . . .

LEATHERWOOD, v. SANDSTROM, f k a a, 583 So. 2d 390 (Fla. Dist. Ct. App. 1991)

. . . The court reserved jurisdiction to award costs and attorney's fees pursuant to section 64.081, Florida . . .

BARDEN, v. B. PAPPAS,, 565 So. 2d 755 (Fla. Dist. Ct. App. 1990)

. . . On remand, the trial judge concluded that the attorneys fees were awarded pursuant to Section 64.081, . . . Section 64.081 contemplates attorneys fees for effecting partition. . . .

MARROUCHE, v. HOMASEY,, 532 So. 2d 92 (Fla. Dist. Ct. App. 1988)

. . . Appellee also requested an award of attorney’s fees and costs pursuant to section 64.081, Florida Statutes . . .

BARDEN, v. B. PAPPAS,, 532 So. 2d 707 (Fla. Dist. Ct. App. 1988)

. . . As explained by the court: Section 64.081 refers to joint ownership of lands to be partitioned. . . .

J. FOUCART, v. A. B. PAUL, Jr., 516 So. 2d 1035 (Fla. Dist. Ct. App. 1987)

. . . . § 64.081, Fla.Stat. . . .

G. MORAITIS, v. R. GALLUZZO, 511 So. 2d 427 (Fla. Dist. Ct. App. 1987)

. . . Finally, section 64.081, Florida Statutes (1985) provides: Every party shall be bound by the judgment . . . appellant’s argument that the trial court erred in failing to award him fees in accordance with section 64.081 . . .

In AIR FLORIDA SYSTEM, INC. In AIR FLORIDA, INC. AIR FLORIDA SYSTEM, INC. v. TRANSWORLD AIRLINES, INC., 48 B.R. 437 (Bankr. S.D. Fla. 1985)

. . . . § 363(h) and Section 64.081 Florida Statutes. . . .

DAUGHARTY, v. F. DAUGHARTY, II,, 441 So. 2d 1160 (Fla. Dist. Ct. App. 1983)

. . . trial court entered an order which awarded attorney’s fees to the former husband pursuant to Section 64.081 . . .

FRIEDBERG, v. FRIEDMAN,, 434 So. 2d 49 (Fla. Dist. Ct. App. 1983)

. . . review is reversed with directions to award a reasonable attorney’s fee to appellant pursuant to Section 64.081 . . .

GUILFORD, v. GUILFORD,, 426 So. 2d 1269 (Fla. Dist. Ct. App. 1983)

. . . The petitions are granted, the amounts to be fixed by the trial court, pursuant to Section 64.081, Florida . . .

DESHOMMES, v. BAZIN,, 421 So. 2d 806 (Fla. Dist. Ct. App. 1982)

. . . Once the amounts of the attorneys’ fees have been established, the provisions of Section 64.081, Florida . . .

F. ROBBINS, v. C. ROBBINS,, 416 So. 2d 1257 (Fla. Dist. Ct. App. 1982)

. . . including attorney’s fees, incurred in connection with the partition action, as authorized by Section 64.081 . . .

T. CANNON, Jr. v. P. MORRIS,, 407 So. 2d 372 (Fla. Dist. Ct. App. 1981)

. . . Florida Statutes (Supp.1978), or appellee’s success in defeating the partitioning, pursuant to Section 64.081 . . . Regarding the award of attorney’s fees, Section 64.081, Florida Statutes, provides for an award of attorney . . .

PURGER v. PURGER, 3 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1981)

. . . Petitioner and Respondent will be determined at a further hearing, for which jurisdiction is retained, See §64.081 . . .

M. POWER, v. L. POWER,, 387 So. 2d 546 (Fla. Dist. Ct. App. 1980)

. . . Section 64.081, Florida Statutes (1979). The husband filed a cross-appeal. . . .

MARTIN, v. ESTATE RICKS, B. T., 363 So. 2d 636 (Fla. Dist. Ct. App. 1978)

. . . Sections 64.071 and 64.081, Florida Statutes (1977), set forth the procedures to be used in partition . . .

WILISCH, v. WILISCH,, 335 So. 2d 861 (Fla. Dist. Ct. App. 1976)

. . . . § 64.081. . . .

R. GREENE, v. A. B. GALLOWAY,, 332 So. 2d 52 (Fla. Dist. Ct. App. 1976)

. . . Section 64.081, Florida Statutes, relating to partition of property provides as follows: “Every party . . . absence of a stipulation to the contrary, the trial court erred in not following the dictates of § 64.081 . . .

W. GAMMON, v. B. GAMMON, 301 So. 2d 31 (Fla. Dist. Ct. App. 1974)

. . . to require the payment of certain judgments (as distinguished from costs and attorneys fees [Section 64.081 . . .