CORRIE MARTIN, APPELLANT,
v.
THE ESTATE OF JIMMY LEE RICKS, DECEASED, TOMMY LEE RICKS, WALTER B. RICKS AND ANNIE T. PARKS, APPELLEES
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The court reversed the trial court's order requiring the appellant to pay all attorneys' fees in a partition case and deposit them in the court registry as a condition precedent to applying her special equity as a credit on her bid, holding that Florida partition statutes do not authorize such a requirement.
A trial court errs in a partition case by requiring one party to pay all attorneys' fees and deposit them in the court registry as a condition precedent to applying a special equity credit on a bid at a court sale.
[1] In a partition action, a trial court lacks authority under Florida Statutes sections 64.071 and 64.081 to require one party to pay all attorneys' fees in the cause or to…
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Join FLexlaw to unlock all legal intelligenceAppellant sought partition of property and claimed a special equity. The trial court ordered her to pay all attorneys' fees in the cause and deposit t…
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KEHOE, Judge.
Appellant, plaintiff below, brings this appeal from a final judgment of partition dated August 31, 1977, entered by the trial court. Appellant’s two basic points on appeal are that, in paragraphs 4, 5, 6, and 7 of the final judgment, the trial court erred (1) by finding her responsible for appellees’ attorneys’ fees, and (2) by requiring her to pay appellees’ attorneys’ fees into the registry of the trial court as a condition precedent to having her special equity applied as a credit on her bid at a court sale of the property.
Appellant’s points on appeal are well taken. Sections 64.071 and 64.081, Florida Statutes (1977), set forth the procedures to be used in partition cases. Pursuant to these Sections, we believe that it was error for the trial court to require appellant to pay all of the attorneys’ fees in the cause and, also, error to require such fees to be placed into the registry of the trial court prior to a sale of the property. See McQueen v. Forsythe, 55 So. 2d 545 (Fla. 1951); Adler v. Schekter, 197 So. 2d 46 (Fla. 3d DCA 1967); and Deltona Corp. v. Kipnis, 194 So. 2d 295 (Fla. 2d DCA 1966). Therefore, paragraphs 4, 5, 6, and 7 of the final judgment of partition are quashed and the cause is remanded for further proceedings in the trial court.
Quashed in part and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Adler v. Nathan Schekter et ux., 197 So. 2d 46 (Fla. 3d DCA 1967)
- The Deltona Corp. v. Kipnis, 194 So. 2d 295 (Fla. 2d DCA 1966)