Cotenancy

111 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dorotea Zaldivar v. DE Tenorio
  510 F.2d 92· 5th Cir.· 1975-03-19 ·cited 7×
  The court held that Hamilton McGowan, as a fiduciary to his brother and then to his brother's widow, breached his duty by failing to inform her of her interest in the property and by attempting to divest her of it through a state court proceeding without notice.
• Harlan v. Sparks
  125 F.2d 502· 10th Cir.· 1942-01-12 ·cited 7×
  The court held that the probate court's decree determining heirship was invalid due to defective notice, and that the quiet title action was properly brought in federal court.
• Severn Richard Ombres, Jr. v. Ombres
  549 So. 2d 1113· Fla. 4th DCA· 1989-10-04 ·cited 6×
  In this post-judgment family law case, the former husband appealed the denial of his claim for a rental value offset against his ex-wife's reimbursement claim for carrying costs on the marital home. The appellate court reversed, holding that under Barrow v. Barrow, the former hus
• Elvin Brown v. Floyd
  202 So. 2d 215· Fla. 1st DCA· 1967-08-03 ·cited 6×
  Elvin Brown appealed from a partition decree affecting a 200-acre estate inherited from his deceased father. Brown claimed ownership of 80 acres based on a 1934 deed from his mother and asserted title through adverse possession and operation of Florida's statutes of limitations.
• Nord v. McILROY
  296 F.2d 12· 9th Cir.· 1961-08-23 ·cited 6×
  The court held that the theory of adverse possession need not be specifically pleaded in bankruptcy proceedings and that the evidence supported the appellee's claim of title by adverse possession under California law.
• Applebaum v. Appel
  82 So. 2d 738· Fla.· 1955-07-22 ·cited 6×
• United States v. Richard
  994 F.2d 244· 5th Cir.· 1993-06-22 ·cited 4×
  The court held that the district court did not err in suppressing evidence from the Superdome Motor Inn due to manufactured exigent circumstances, but erred in suppressing evidence from the Economy Motor Lodge where a co-tenant's voluntary consent dissipated the taint of prior in
• Leventhal v. Leventhal
  606 So. 2d 1271· Fla. 1st DCA· 1992-10-29 ·cited 4×
  In this post-dissolution family law case, the appellate court vacated and remanded a trial court order distributing marital assets and awarding spousal and child support because the order failed to address the former husband's right to credit for ownership expenses (mortgage and
• In re Bugos
  760 F.2d 731· 7th Cir.· 1984-09-17 ·cited 4×
  A co-tenant compelled to pay debts of another co-tenant to avoid forfeiture of jointly held property is entitled to subrogation, even if the payments could be construed as a gift under other circumstances. The legal obligation to prevent forfeiture predominates over any donative
• Coleman v. Golkin
  562 F.2d 166· 2d Cir.· 1977-09-09 ·cited 4×
  The court held that the Nominee Agreement created a trust, and the corporation's distribution of stock did not extinguish the trust, requiring a remand to determine the extent of the trustee's liability.
• Tex. Mortg. Co. v. Phillips Petroleum Co. & Phillips Pipe Line Co.
  470 F.2d 497· 5th Cir.· 1972-12-11 ·cited 4×
  A cotenant cannot grant an easement for more rights than held by that cotenant, and inconsistent grants from different cotenants do not create a right to impose a greater burden on the common property.
• Azzie Vaughn v. Vaughn
  119 So. 2d 391· Fla. 1st DCA· 1960-04-05 ·cited 4×
  In this partition suit involving a homestead property, the court held that to acquire title by adverse possession against co-remaindermen, a party must provide clear notice of the adverse claim. Azzie Vaughn's adverse possession of 50 acres did not ripen into title because he fai
• Welch v. Unknown Heirs
  226 F.2d 776· D.C. Cir.· 1955-10-27 ·cited 4×
  The court reviewed a district court's determination that a transaction involving two notes was criminally usurious at its inception due to acceleration clauses, conflicting with prior rulings.
• Saulsberry v. Saulsberry
  121 F.2d 318· 6th Cir.· 1941-06-25 ·cited 4×
  A co-tenant can grant an easement over common property, binding their own interest, and such grants are not void for uncertainty if the land can be identified by external standards or reasonable use.
• Hayes Robinson v. Herrman
  101 Fla. 865· Fla.· 1931-02-12 ·cited 4×
  This case involves a partition suit for a forty-acre parcel of land. The court found that the appellee (defendant) had established continuous adverse possession under color of title for over twenty years, barring the appellants' (complainants') claim.
• Carrollyn Cox McCARTHY v. McCARTHY
  922 So. 2d 223· Fla. 3d DCA· 2005-12-07 ·cited 3×
  Carrollyn Cox McCarthy appeals from a divorce decree that awarded her exclusive use of the marital home but included a setoff for fair rental value to her former husband and limited her reimbursement for repairs to those exceeding $3,000. The appellate court reverses both rulings
• Vurest Barbara Sullivan v. Sullivan
  597 So. 2d 877· Fla. 1st DCA· 1992-04-13 ·cited 3×
  The court held that the trial court's order awarding rental value credits was improper without a finding of ouster.
• Gerver v. Stein
  490 So. 2d 1331· Fla. 3d DCA· 1986-07-01 ·cited 3×
  Barbara Gerver appeals the trial court's order distributing foreclosure sale proceeds between herself and Eric Stein, a cotenant. The appellate court reversed, holding that Stein was entitled to only 50% contribution (not 100%) for the mortgage payment he made on behalf of both c
• White v. Miami Elecs. Ctr., Inc.
  677 So. 2d 111· Fla. 3d DCA· 1996-07-31 ·cited 2×
• Doheny v. Wexpro Co.
  974 F.2d 130· 10th Cir.· 1992-08-21 ·cited 2×
  The court held that balancing in kind is the appropriate method to correct gas production imbalances in the absence of a formal agreement, and that the operator owes no fiduciary duty beyond express contractual terms.
• Harrell v. Doyle Alva Wester
  853 F.2d 828· 11th Cir.· 1988-08-29 ·cited 2×
  The court held that tax deeds obtained through constructive fraud can serve as roots of title under Florida's Marketable Record Title Act, thereby extinguishing prior claims.
• Adams v. T.A. Adams, Jr.
  512 So. 2d 1150· Fla. 1st DCA· 1987-09-24 ·cited 2×
  Harold J. Adams and Lovedia Buresh appealed the trial court's judgment in favor of defendants in an action to quiet title to 60 acres of property. The court reversed, holding that the defendants' acquisition of a tax deed through a third party was invalid as to co-tenants and tha
• Moraitis v. Galluzzo
  511 So. 2d 427· Fla. 4th DCA· 1987-08-12 ·cited 2×
  The trial court erred in failing to award the appellant credit for the imputed rental value of the premises due to ouster, and in its awards and denials of attorney's fees and expenses.
• In re Niland v. Darwin Deason
  809 F.2d 272· 5th Cir.· 1987-02-10 ·cited 2×
  The court held that while the property was Niland's homestead, he was estopped from claiming it due to his prior fraudulent claim of a different property as his homestead, which resulted in a benefit to him.
• Futura Realty, Inc. v. Wigdor
  421 So. 2d 536· Fla. 3d DCA· 1982-08-31 ·cited 2×
  The court initially affirmed a summary judgment allowing partition, but on rehearing, vacated the judgment and remanded for a determination of property title, as partnership ownership would alter rights.
• Bras v. Nelle E. Bras
  463 F.2d 413· 10th Cir.· 1972-07-13 ·cited 2×
  A cotenant cannot recover from other cotenants for unilateral improvements made without their consent or knowledge, and a party seeking contribution for partnership debts must properly present claims against an estate.
• Marcoux v. Davis
  230 So. 2d 485· Fla. 3d DCA· 1970-01-13 ·cited 2×
  Appellant Marcoux, a co-owner of a boat mold, appeals a judgment awarding the appellee Davis compensatory damages for injury to the mold while in Marcoux's possession and unjust enrichment damages. The appellate court reversed, holding that Davis accepted the mold in its then-exi
• Cornell v. Mabe
  206 F.2d 514· 5th Cir.· 1953-08-06 ·cited 2×
  The court held that the trial court erred in failing to instruct the jury that a common law marriage requires an intent for the relationship to be permanent, and affirmed the dismissal of the Morgans' limitations defense due to constructive notice.
• Muth v. Aetna Oil Co.
  188 F.2d 844· 7th Cir.· 1951-05-08 ·cited 2×
  The court held that the plaintiff failed to commence drilling operations within the lease's primary term, rendering the lease void, and that no conspiracy prevented performance.
• Saulsberry v. Maddix
  125 F.2d 430· 6th Cir.· 1942-02-04 ·cited 2×
  The court held that a mineral reservation in a deed is valid between the parties, even if the grantor only owned a partial interest, and that the reservation applied to all land conveyed. The court also held that a deed was not void for champerty because the grantor's co-tenant h
• City of Jacksonville v. Broward
  97 Fla. 885· Fla.· 1929-05-24 ·cited 2×
  The Florida Supreme Court reversed a lower court decision that overruled demurrers in a dispute over unpartitioned land between co-tenants. The court held that one co-tenant cannot be treated as a trustee of sale proceeds for other co-tenants absent a contract between them, even
• Prout v. The J. W. McWilliams Co.
  96 Fla. 423· Fla.· 1928-08-01 ·cited 2×
  The Florida Supreme Court affirmed a partition decree, holding that the appellant (Prout) failed to acquire valid title to disputed land through a series of deeds and tax deeds because she was a co-tenant at the time of the tax deed acquisitions, which prevented her from obtainin
• Burbridge v. Guinter
  69 Fla. 49· Fla.· 1915-01-27 ·cited 2×
  In this mortgage lien enforcement case, the Florida Supreme Court reversed the lower court's decree because the complaint failed to properly allege that the original mortgagor had title to the property and did not make him a party, and because it did not clearly establish that th
• Mann v. Mann
  641 So. 2d 925· Fla. 1st DCA· 1994-07-29 ·cited 1×
  Florida appellate court affirmed awards of alimony, child support, and relocation permission, but reversed the requirement that the former husband maintain health insurance without a reasonableness limitation and struck an order restricting grandparent contact.
• IMO 31-33 & 55-57 Thompson Circle
  Del. Ch.· 2025-02-25
  The Petitioner is entitled to a share of the net rental proceeds received by the Respondent pre-partition, less her proportionate share of substantiated reimbursements and contributions. The Petitioner's claims are not barred by laches. The Respondent owed no fiduciary duties to
• Of
  Del. Ch.· 2020-12-02
  The court recommended that the remaining sale proceeds from a partition action be distributed based on the parties' comparative direct contributions to the property's purchase cost. The court found that all parties held legal and equitable interests in the property and that while
• Joseph v. In re the Est. of Gerard Joseph
  83 So. 3d 965· Fla. 3d DCA· 2012-03-21
  In this consolidated appeal, a former wife and the estate of her former husband dispute whether she must pay rent for her exclusive occupancy of their jointly-owned former marital home. The court affirms the probate court's determination that rent is owed and that $1,050 per mont
• Ira Weiner v. Weiner
  37 So. 3d 395· Fla. 4th DCA· 2010-06-23
  A cotenant out of possession is entitled to claim the reasonable rental value of the marital residence from the time the other cotenant's lawful exclusive possession expired.
• Of
  Del. Ch.· 2009-04-22
  In a partition action, co-tenants are entitled to contribution for taxes and insurance payments made on the property. A co-tenant in exclusive possession is generally not obligated to pay rent unless agreed upon, but if an ouster occurs, the rental value of the exclusive use can
• Maynard Wesley Schryver, Jr. v. Franklin
  829 So. 2d 264· Fla. 2d DCA· 2002-09-11
  In this postmarital dissolution appeal, the court reversed the trial court's award of reasonable rental value to Mrs. Franklin for Mr. Schryver's occupancy of their former marital residence, holding that under Florida law, a cotenant is entitled to rental value only upon showing
• Pasternak v. Commissioner OF Internal Revenue
  990 F.2d 893· 6th Cir.· 1993-04-08
  The court held that the Tax Court did not err in determining that the master recording leasing transactions lacked economic substance and a profit motive, thus correctly disallowing business expense deductions and tax credits.
• S. Cent. Petroleum, Inc. v. Long Bros. OIL Co.
  974 F.2d 1015· 8th Cir.· 1992-09-10
  The court held that the agreement remained in effect when the plaintiff purchased the oil well interest, and that the plaintiff's waiver argument failed for lack of proof. The court also affirmed the admission of expert testimony regarding the offset calculation.
• Mills v. Damson OIL Corp.
  931 F.2d 346· 5th Cir.· 1991-05-21
  The court affirmed the summary judgment for the defendant on fraud and conversion claims, and the bench trial judgment for recovery of erroneously-made payments, finding no genuine issue of material fact and no error in the proceedings.
• Evie T. Parker v. NIX
  580 So. 2d 178· Fla. 1st DCA· 1991-03-29
  A cotenant excluded from possession by a court order does not lose title to their share through the other cotenant's alleged adverse possession or ouster.
• Mane Iandoli v. Iandoli
  547 So. 2d 666· Fla. 4th DCA· 1989-06-21
  The Florida Fourth District Court of Appeal upheld a probate court's approval of the sale of a $7 million shopping center from an estate to one of two residuary beneficiaries who was also the personal representative. The court held that where a will grants a general power of sale
• Sant v. Stephens
  848 F.2d 1119· 10th Cir.· 1988-06-13
  A municipal lien for unpaid utility services has redemption rights under state law, and failure to redeem from a foreclosure sale of a partial interest does not extinguish redemption rights for subsequent sales of the entire property.
• In re Spain v. Gilbralter Sav. & Loan Ass'n
  831 F.2d 236· 11th Cir.· 1987-11-02
  The court held that the deed language, when construed under Alabama law as it existed in 1973, created a joint tenancy with destructible survivorship rights, not a tenancy in common with indestructible survivorship rights.
• Dillon v. Delmon Hodges and Connell Ashley
  804 F.2d 1384· 5th Cir.· 1986-12-03
  The court held that the parties owned the property as tenants in common because the land certificate was located prior to conveyances, and legal title inured to the benefit of the equitable owners upon patent issuance.
• Robison v. Gerber Prods. Co.
  765 F.2d 431· 4th Cir.· 1985-06-28
  A purchaser of goods from a merchant who deals in such goods, acting in good faith and without knowledge of third-party ownership rights, is protected by the Uniform Commercial Code's entrustment provisions, even if the seller does not have full title.
• United States v. 79.31 Acres OF Land
  717 F.2d 646· 1st Cir.· 1983-09-15
  A cotenant's claim to compensation in a condemnation action is limited to their proportionate share of ownership, and possessory acts coupled with a claim of title can establish a right to compensation for an undivided interest, even without perfect legal title.