64.081
Costs; taxes; attorneys’ fees.
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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.
Notes of Decisions
Cited in 33
cases (4 in the last 5 years), 1974–2026 · leading case: Florida Patient's Compensation Fund v. Rowe
Florida Patient's Compensation Fund v. Rowe (1985)
“1984) (workers' compensation actions); § 64.081, Fla. Stat. (1983) (partition actions).”
Cannon v. Morris (1981)
“1978), or appellee's success in defeating the partitioning, pursuant to Section 64.081, Florida Statutes (1967). Without stating the basis for its order, the lower court in the order appealed from awarded attorney's fees to the appellee.”
Diaz v. Security Union Title Insurance Co. (1994)
“” Consequently, attorneys’ fees for both actions are also to be paid under the partition statute. Finally, attorneys’ fees in a partition action are to be paid “in proportion to [the party’s] interest.”
Wilisch v. Wilisch (1976)
“If the judgment is considered as a modification of the judgment in dissolution of marriage, the financial resources of these parties do not support an award of an attorney's fee to the husband. Cf. Spears v. Spears, Fla.”
Biondo v. Powers (1999)
“The record reflects that the court properly credited Biondo with his initial contributions to the property and followed appropriate procedures in connection with its award of attorney's fees pursuant to section 64.081, Florida Statutes (1997). It also supports the finding that…”
Bucacci v. Boutin (2006)
“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.”
Fernandez-Fox v. Reyes (2012)
“§ 64.081, Fla. Stat. (2010) (emphasis added).”
Robinson v. Barr (2014)
“Robinson sought an award of attorney’s fees and costs under section 64.081, Florida Statutes (2009). The statute, which forms part of chapter 64 concerning partition of property, provides, in pertinent part, as follows: In the final judgment for partition, the trial court…”
Power v. Power (1980)
“Section 64.081, Florida Statutes (1979). The husband filed a cross-appeal.”
Air Florida System, Inc. v. Transworld Airlines, Inc. (1985)
“§ 363 (h) and Section 64.081 Florida Statutes. The Court will enter a separate final judgment in accordance with these Findings of Fact and Conclusions of Law.”
Hosack v. Hosack (1996)
“The former wife contends that the trial court failed to follow the statutory steps required for partition because the husband was guaranteed to receive a minimum of ,500 from the sale (which represented the husband’s equity using an assumed value of ,000 for the house)…”
Leatherwood v. Sandstrom (1991)
“The court reserved jurisdiction to award costs and attorney's fees pursuant to section 64.081, Florida Statutes (1989). Appellant claims that he was not awarded a credit based on all of his expenses for upkeep, repair, and improvement of the marital home, citing Brandt v.”
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