Florida Statute 64.081 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 64
PARTITION OF PROPERTY

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F.S. 64.081

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 Citing Statute 64.081

Total Results: 20

Megan Cauble v. Gregory Kaczmarski

Court: District Court of Appeal of Florida | Date Filed: 2024-03-20

Snippet: the moneys arising from the sale,” we affirm. § 64.081, Fla. Stat. (2023).

ALEXANDRA MARIA CASIANO vs FLORENCE CASIANO

Court: District Court of Appeal of Florida | Date Filed: 2023-07-07

Snippet: Appellant’s attorneys’ fees and costs because section 64.081, Florida Statutes (2018), mandates that the trial

CRISTINA VERGNE v. JASON GLIDEWELL

Court: District Court of Appeal of Florida | Date Filed: 2019-11-13

Snippet: action. The wife appealed this order. Section 64.081, Florida Statutes, instructs that in partition

VALERIE K. SHERMAN v. MYRON K. SHERMAN

Court: District Court of Appeal of Florida | Date Filed: 2019-09-25

Snippet: trial court’s attention the provision of section 64.081, Florida Statutes (2018), which states:

Robinson v. Barr

Court: District Court of Appeal of Florida | Date Filed: 2014-02-28

Citation: 133 So. 3d 599, 2014 WL 811577, 2014 Fla. App. LEXIS 2794

Snippet: award of attorney’s fees and costs under section 64.081, Florida Statutes (2009). The statute, which forms

Fernandez-Fox v. Reyes

Court: District Court of Appeal of Florida | Date Filed: 2012-02-17

Citation: 79 So. 3d 895, 2012 WL 511326, 2012 Fla. App. LEXIS 2447

Snippet: a trial court is to award fees based on section 64.081, Florida Statutes, which governs fees in partition

Noyes v. Buskirk

Court: District Court of Appeal of Florida | Date Filed: 2008-02-29

Citation: 979 So. 2d 296, 2008 Fla. App. LEXIS 2689, 2008 WL 539337

Snippet: allocation should have been in accordance with section 64.081, Florida Statutes (2006). Therefore we remand to

Turovets v. Khromov

Court: District Court of Appeal of Florida | Date Filed: 2006-11-08

Citation: 943 So. 2d 246, 2006 WL 3208499

Snippet: property, and attorney's fees pursuant to sections 64.081 and 57.105, Florida Statutes. The trial court granted

Bucacci v. Boutin

Court: District Court of Appeal of Florida | Date Filed: 2006-06-14

Citation: 933 So. 2d 580, 2006 WL 1627456

Snippet: section 64.081. In allocating each party's share of costs and attorney fees under section 64.081, the trial

Toemmes v. Sites

Court: District Court of Appeal of Florida | Date Filed: 2003-06-11

Citation: 853 So. 2d 472, 2003 Fla. App. LEXIS 8755, 2003 WL 21340657

Snippet: costs to Dorothy E. Sites pursuant to sec*473tions 64.081 and 57.105, Florida Statutes (2000). We affirm

Biondo v. Powers

Court: District Court of Appeal of Florida | Date Filed: 1999-10-20

Citation: 743 So. 2d 161, 1999 WL 966741

Snippet: its award of attorney's fees pursuant to section 64.081, Florida Statutes (1997). It also supports the

Davis v. Lyons

Court: District Court of Appeal of Florida | Date Filed: 1997-10-29

Citation: 700 So. 2d 794, 1997 Fla. App. LEXIS 12203, 1997 WL 673807

Snippet: and Gloria Davis pursuant to Florida Statutes § 64.081 for reasonable attorney’s fees and costs for this

Hosack v. Hosack

Court: District Court of Appeal of Florida | Date Filed: 1996-09-17

Citation: 679 So. 2d 852, 1996 Fla. App. LEXIS 9721, 1996 WL 523185

Snippet: sold for less than $50,000, contrary to section 64.081, Florida Statutes (1993). We agree. The effect

Haskell v. Rollins

Court: District Court of Appeal of Florida | Date Filed: 1995-05-10

Citation: 653 So. 2d 1149, 1995 Fla. App. LEXIS 5028, 1995 WL 270907

Snippet: accordance with the interest he received. See § 64.081, Fla.Stat. (1993); Diaz v. Security Union Title

Diaz v. Security Union Title Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-06-14

Citation: 639 So. 2d 1004, 1994 Fla. App. LEXIS 5791, 1994 WL 259557

Snippet: protect title and interest in property. Section 64.081, Florida Statutes (1993) (emphasis added), provides:

Leatherwood v. Sandstrom

Court: District Court of Appeal of Florida | Date Filed: 1991-07-24

Citation: 583 So. 2d 390, 1991 WL 134059

Snippet: award costs and attorney's fees pursuant to section 64.081, Florida Statutes (1989). Appellant claims that

Barden v. Pappas

Court: District Court of Appeal of Florida | Date Filed: 1990-07-12

Citation: 565 So. 2d 755, 1990 Fla. App. LEXIS 5019, 1990 WL 95452

Snippet: attorneys fees were award*756ed pursuant to Section 64.081, Florida Statutes (1987) and awarded $3,500. He

Marrouche v. Homasey

Court: District Court of Appeal of Florida | Date Filed: 1988-10-19

Citation: 532 So. 2d 92, 13 Fla. L. Weekly 2363, 1988 Fla. App. LEXIS 4631, 1988 WL 107128

Snippet: of attorney’s fees and costs pursuant to section 64.081, Florida Statutes (1987). Appellant’s attorney

Foucart v. Paul

Court: District Court of Appeal of Florida | Date Filed: 1987-12-10

Citation: 516 So. 2d 1035, 12 Fla. L. Weekly 2813, 1987 Fla. App. LEXIS 11476, 1987 WL 2333

Snippet: attorney’s fees, may be awarded in such action. § 64.081, Fla.Stat. Since the record conclusively establishes

Moraitis v. Galluzzo

Court: District Court of Appeal of Florida | Date Filed: 1987-08-12

Citation: 511 So. 2d 427, 12 Fla. L. Weekly 1987

Snippet: of the partition of personalty. Finally, section 64.081, Florida Statutes (1985) provides: Every party