CopyCited 24 times | Published | Florida 2nd District Court of Appeal
...the complaint as pertains to the real and personal property and its partition, and upon such issues determine the respective rights of the parties according to the requirements of the partition statute. See §§ 66.01-66.09, supra." (Now §§
64.011-
64.091)....
...The next question then is whether or not the chancellor had the authority to partition personal property. We believe that the same due process afforded for the partition of real estate held by tenants by the entireties should be afforded for partition of personalty held as tenants by the entireties and that Florida Statute § 64.091 so provides....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2005 WL 2086207
...d until the supplemental proceeding, of which Solmo had notice and fully participated. [5] We note that Friedman is not without a remedy to pursue the issues of equitable distribution in a separate action for partition of real and personal property. § 64.091, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...Lambert also complains that the lower court erred in not equitably distributing the personal property involved in the dissolution proceedings. We also agree. As to his right to partition the personal property, the same analysis as to the marital home applies. See § 64.091, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...This reservation of jurisdiction as to the chattels is improper, since neither of the parties sought partition. We believe that the same due process afforded for partition of real estate held by tenants by the entireties should be afforded for partition of personalty held as tenants by the entireties. Section 64.091, Florida Statutes (1977) so provides....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...hether the property should be partitioned, or whether one party should purchase the interest of the other. The Appellant's answer requesting the division of certain properties does not meet the requirements for partition set forth in Florida Statute § 64.091, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7145
...blem. The controlling, and we think question of first impression in this state, is whether an action for the partition of personal property is a local or transitory action. The appellees’ motion to transfer is supported by the argument that F.S.A. § 64.091 provides : “The law applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property, and the proceedings therefor, aj far as the nature of the property permits.” (emphasis supplied) It is further pointed out that F.S.A....
...Partition of personal property was not known at common law. See Black v. Sylvania Producing Co., 105 Ohio St. 346 , 137 N.E. 904 (1922); and 68 C.J.S. Partition § 1. It was made a part of the law of Florida by the passage in 1892 of the provision which is now carried forward by F.S.A. § 64.091; the provision was amended in 1906 to include the italicized words quoted above....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 699, 1986 Fla. App. LEXIS 6962
circuit where the real estate is located.3 Section
64.091, Florida Statutes (1985) is controlling.4 Suits
