Tenancy In Common

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

• Shaw v. Shaw
  334 So. 2d 13· Fla.· 1976-05-12 ·cited 931×
  The Florida Supreme Court reversed the Third District Court of Appeal's modification of a divorce judgment, holding that the trial court did not abuse its discretion in determining alimony, child support, property division, and insurance obligations. The case clarifies that appel
• Nannie McDaniel v. McElvy
  108 So. 820· Fla.· 1926-05-03 ·cited 313×
  The Florida Supreme Court upheld the constitutional validity of Chapter 11383 (House Bill No. 296), a 1925 statute allowing suits to quiet title against unknown and non-resident defendants through publication notice. The Court reversed the trial court's dismissal and remanded for
• Farrell v. Forest Inv. Co.
  73 Fla. 191· Fla.· 1917-01-31 ·cited 269×
  R. L. Farrell sought partition of lands held in common with Forest Investment Company and an accounting for timber sales and trust-related transactions. The Florida Supreme Court affirmed the decree, holding that a court of equity has jurisdiction to hear multiple related claims
• Herzog v. Herzog
  346 So. 2d 56· Fla.· 1977-03-10 ·cited 253×
  The court held that appellate courts should not re-evaluate trial court findings of fact absent a lack of evidentiary support or palpable abuse of discretion.
• Rosa Chappelle McGill and her husband S. D. McGill v. Chappelle
  71 Fla. 479· Fla.· 1916-04-11 ·cited 179×
  Rosa Chappelle McGill and her husband appealed a decree establishing a resulting trust in favor of Pat Chappelle's brothers, Lewis W. and James E. Chappelle, in partnership property worth approximately one-third of Pat's estate. The Florida Supreme Court reversed, finding the evi
• Bailey v. Thyra Mae Smith
  89 Fla. 303· Fla.· 1925-03-27 ·cited 170×
  Paul W. Bailey appeals an order overruling his demurrer to a partition complaint involving personal property (savings deposit and mortgages) held in the joint names of Bailey and his deceased wife Jennie M. Bailey. The Florida Supreme Court holds that estates by the entireties ex
• Strauss v. Strauss
  148 Fla. 23· Fla.· 1941-07-29 ·cited 164×
  The court reviewed a divorce decree that required the wife to convey her interest in property held by the entireties to the husband, despite the wife's contention that the chancellor erred.
• Sumner Landay v. Landay
  429 So. 2d 1197· Fla.· 1983-03-31 ·cited 158×
  The Florida Supreme Court clarified the doctrine of 'special equity' in marital property division, holding that a spouse who contributes some (but not necessarily all) of the consideration for property held as tenants by the entireties may claim a special equity interest. The Cou
• Cummings v. Cummings
  330 So. 2d 134· Fla.· 1976-03-31 ·cited 156×
  The Florida Supreme Court reversed a divorce judgment awarding the marital home as lump sum alimony and attorney's fees to the wife, holding that where both spouses have substantially equal income, such awards lack legal justification under Florida's no-fault divorce law, which p
• Tronconi v. Tronconi
  466 So. 2d 203· Fla.· 1985-01-24 ·cited 131×
  The Florida Supreme Court held that a trial judge may order the conveyance of jointly held marital assets as part of an equitable property distribution scheme in dissolution proceedings, even absent special equities, as a justification for awarding lump-sum alimony. The decision
• McALLISTER v. McALLISTER
  345 So. 2d 352· Fla. 4th DCA· 1977-04-01 ·cited 128×
  In a dissolution of marriage case, the Fourth District Court of Appeal reversed and increased permanent alimony awarded to the former wife of a successful physician from $500 to $1,000 per month (later increasing to $1,500 after house sale), establishing comprehensive criteria fo
• The Ohio Butterine Co. v. Hargrave
  79 Fla. 458· Fla.· 1920-04-05 ·cited 124×
  The Ohio Butterine Company and American Bakeries Company sought to sequester rents and profits from property held by husband and wife as an estate by entirety to satisfy judgments against the husband alone. The Florida Supreme Court held that an estate by entirety cannot be subje
• Kollar v. Kollar
  155 Fla. 705· Fla.· 1945-03-13 ·cited 108×
  In this divorce case, the Florida Supreme Court affirmed the trial court's award of divorce to the husband based on the wife's post-reconciliation misconduct that revived previously condoned marital offenses, but reversed the trial court's award of the marital home to the husband
• Christopher v. Mungen
  61 Fla. 513· Fla.· 1911-01-01 ·cited 85×
  John G. Christopher and other defendants appealed an order overruling their demurrer to Jane Mungen's bill for partition of real estate in Duval County, Florida. The case involved complex issues regarding the nature of a trust deed executed by James Lewis, a colored person, his i
• Pastore v. Pastore
  497 So. 2d 635· Fla.· 1986-09-25 ·cited 77×
  The Florida Supreme Court held that a military retirement pension earned during a twenty-year marriage constitutes a marital asset subject to equitable distribution, and that a trial court properly exercised its discretion in awarding the wife a property interest in the pension a
• Davis v. Rosman Charles Dieujuste
  496 So. 2d 806· Fla.· 1986-10-16 ·cited 72×
  The Florida Supreme Court held that when a trial court has jurisdiction to adjudicate property rights in a dissolution proceeding, a final judgment of dissolution bars subsequent litigation over property rights that evolved during the marriage, even if not addressed in the origin
• Lily Klein v. Klein
  122 So. 2d 205· Fla. 3d DCA· 1960-07-21 ·cited 69×
  The Florida District Court of Appeal reviewed a divorce decree where the wife sought separate maintenance and adequate alimony. The court affirmed the divorce but reversed the alimony award, finding it inadequate given the parties' established standard of living and the husband's
• Kelly v. Kelly
  583 So. 2d 667· Fla.· 1991-07-03 ·cited 68×
  The Florida Supreme Court resolved a conflict between district courts regarding what adjustments should be made when dividing proceeds from the sale of marital property where one spouse had exclusive possession post-divorce. The Court held that a former spouse in possession must
• Sistrunk v. Sistrunk
  235 So. 2d 53· Fla. 4th DCA· 1970-05-08 ·cited 67×
  In this post-divorce modification case, the former wife sought to modify the final divorce judgment to allow her to leave her teaching job and pursue graduate studies, requesting the husband pay half her attorney's fees and allow her to sell jointly-owned stock to support herself
• Hill v. First Nat'l Bank of Marianna & H. A. Bowles as Sheriff of Jackson Cnty.
  73 Fla. 1092· Fla.· 1917-05-16 ·cited 67×
  Hannah Hill sought to enjoin the sale of eighty acres claimed as her homestead, challenging a judgment lien held by the First National Bank of Marianna. The Florida Supreme Court reversed the trial court's dismissal, holding that Hill was entitled to homestead exemption protectio
• Terra Ceia Ests. v. Nannie E. Taylor
  68 Fla. 261· Fla.· 1914-11-17 ·cited 67×
  A Florida equity court partition suit involving three parties claiming interests in 96.24 acres in Manatee County. Terra Ceia Estates asserted adverse possession and claimed exclusive title, while the Taylor heirs sought partition as tenants in common, and Millie A. Prime claimed
• Rankin v. Rankin
  258 So. 2d 489· Fla. 2d DCA· 1972-02-23 ·cited 66×
  In this divorce case, the trial court divided property held by husband and wife as tenants by the entireties without proper pleadings complying with Florida's partition statute. The appellate court affirmed the award of child support but reversed the division of property and lump
• Kern v. Kern
  333 So. 2d 17· Fla.· 1976-05-26 ·cited 65×
  Joan Kern appealed a divorce judgment on constitutional grounds, challenging the trial court's reliance on social investigation reports in determining child custody. The Florida Supreme Court held that Florida Statute § 61.20, authorizing consideration of social worker reports in
• Valentine v. Valentine
  45 So. 2d 885· Fla.· 1950-04-25 ·cited 65×
  The Florida Supreme Court modified a divorce decree concerning property division, clarifying that upon divorce, property held as an estate by the entirety becomes owned by the parties as tenants in common, rather than one party buying out the other's share.
• Helene Leslie Lyons v. Lyons
  208 So. 2d 137· Fla. 3d DCA· 1968-03-12 ·cited 64×
  The appellate court affirmed the adequacy of alimony but reversed the trial court's ruling on the wife's credit for mortgage principal reduction payments on the marital residence, ordering modification upon sale.
• Windham v. Windham
  144 Fla. 563· Fla.· 1940-10-11 ·cited 64×
  In this divorce case, the Florida Supreme Court affirmed a decree granting Helen Windham a divorce from R. S. Windham on grounds of extreme cruelty and ungovernable temper, and awarding the parties equal interests in accumulated marital property. The court rejected the husband's
• Ashwood v. Patterson
  49 So. 2d 848· Fla.· 1951-01-16 ·cited 63×
  This case addresses whether a spouse who murders the other spouse can benefit from the right of survivorship in an estate by the entirety. The court held that while a statute on inheritance by murderers did not apply to estates by the entirety, the principle that one cannot profi
• Cooper v. Cooper
  69 So. 2d 881· Fla.· 1954-01-05 ·cited 61×
  Grace Cooper sought to void deeds conveyed to her former husband J. L. Cooper during their divorce proceedings, claiming she signed under duress. The Florida Supreme Court reversed the trial court's judgment, finding insufficient evidence of duress and holding that property right
• Welsh v. Welsh
  160 Fla. 380· Fla.· 1948-04-13 ·cited 59×
  In this 1948 Florida divorce case, the Supreme Court reversed a trial court's decree that awarded the wife a substantial portion of the husband's property and a lump sum settlement based on a theory that she had a special equity in his property due to her labor in his drug store
• Moore v. Price
  98 Fla. 276· Fla.· 1929-07-31 ·cited 58×
  In this appeal of an equity partition suit, the Florida Supreme Court addresses whether minor heirs can compel partition of homestead property held by their grandmother (the widow) who has an unassigned dower right. The court holds that while the widow's dower must first be assig
• Markland v. Markland
  155 Fla. 629· Fla.· 1945-02-20 ·cited 57×
  Ruth Mary Markland sought a divorce from Albert J. Markland and claimed a special equity interest in his property, alimony, attorneys' fees, and costs. The Florida Supreme Court affirmed the trial court's grant of divorce but upheld the denial of the special equity claim, alimony
• Latta v. Parker A. Latta
  121 So. 2d 42· Fla. 3d DCA· 1960-06-02 ·cited 56×
  In this Florida divorce appeal, the District Court reversed and remanded because the trial court exceeded its authority in forcing a property settlement regarding property held as an estate by the entirety, and failed to address the wife's equitable interest in the marital busine
• Jones v. Jones
  330 So. 2d 536· Fla. 1st DCA· 1976-04-20 ·cited 54×
  Herbert Jones appealed a final judgment in his divorce from June Jones, challenging awards of lump sum alimony, exclusive use of the marital home, child support, and spousal support. The Florida District Court of Appeal reversed certain awards (lump sum alimony and extended exclu
• Anderson v. Anderson
  44 So.2d 652· Fla.· 1950-01-10 ·cited 54×
  The Florida Supreme Court affirmed a lower court's decision allowing a former husband's interest in his former homestead to be sold to satisfy a judgment for delinquent child support. The court held that the husband was not the head of a family after the divorce and failed to sup
• Lott McNealy and Daniel Roulhac v. The State
  17 Fla. 198· Fla.· 1879-01-01 ·cited 54×
  McNealy and Roulhac were convicted of breaking and entering a gin-house and stealing cotton. The Florida Supreme Court affirmed their conviction, rejecting their challenges to the trial court's denial of a change of venue, denial of a continuance, allowance of both counts in the
• Dallam v. Sanchez
  56 Fla. 779· Fla.· 1908-06-01 ·cited 53×
  The Florida Supreme Court reversed a partition decree, holding that the complainants failed to establish legal title to the disputed land. The court found that the foundational deed was void because it was executed by an agent after the principal's death, and that the complainant
• Reid v. Reid
  68 So. 2d 821· Fla.· 1953-12-01 ·cited 52×
  In this divorce appeal, the Florida Supreme Court upheld a chancellor's decree requiring the husband to convey his interest in property held as an estate by the entireties to his ex-wife and to pay $20,000 in alimony, while reducing the master's compensation fee. The court reject
• Davis v. Davis
  123 So. 2d 377· Fla. 1st DCA· 1960-10-04 ·cited 50×
  In this partition suit, the Florida District Court of Appeal reversed a final decree entered on the pleadings, holding that the trial court erred by granting judgment on the pleadings before the defendant's counterclaim was answered, thereby failing to close the pleadings as requ
• Stokely v. Conner
  69 Fla. 412· Fla.· 1915-04-20 ·cited 50×
  A dispute over title to 1,000 acres of land in St. Johns County, Florida involving competing claims traced to an original Spanish grant to Pedro Miranda. The court affirmed a decree of partition favoring the appellees (Conners and Chapman) who claimed an undivided one-half intere
• Wilmer H. McDONALD v. McDONALD
  368 So. 2d 1283· Fla.· 1979-03-08 ·cited 48×
  The Florida Supreme Court held that a trial court has inherent authority to award exclusive possession of a marital home to a spouse when it serves as rehabilitative alimony or to effectuate a support obligation owed to that spouse, rejecting the narrower holdings of two district
• Maita P. Singer v. Singer
  342 So. 2d 861· Fla. 1st DCA· 1977-02-25 ·cited 48×
  In this Florida dissolution of marriage case, the appellate court partially reversed a judgment that awarded the marital home to Mrs. Singer and her two minor children for only one year, requiring her to pay all ownership expenses. The court held that the trial court abused its d
• Monserrate B. McNAUGHTON v. McNAUGHTON
  332 So. 2d 673· Fla. 3d DCA· 1976-05-11 ·cited 48×
  The court held that the trial judge erred in awarding rehabilitative alimony and ordering the sale of the marital home, and that the alimony amount, while adequate, should not have been subject to intermittent reductions.
• Black v. Elliot L. Miller
  219 So. 2d 106· Fla. 3d DCA· 1969-02-04 ·cited 48×
  Mary Alice Black appealed a trial court order dismissing her counterclaim to foreclose a security lien against her ex-husband's property interest sold to Elliot Miller at a sheriff's execution sale. The Florida appellate court affirmed, holding that Black had elected to pursue ex
• Wilkerson v. Wilkerson
  179 So. 2d 592· Fla. 2d DCA· 1965-10-14 ·cited 48×
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's award of divorce and child custody to the husband but reversed portions regarding property division and attorney fees. The court held that jointly owned property held as tenancy by the entiret
• Carole v. Knecht
  629 So. 2d 883· Fla. 3d DCA· 1993-11-16 ·cited 47×
  Carole Knecht appeals the trial court's dissolution judgment, challenging the equitable distribution scheme and alimony award. The Third District Court of Appeal reversed most of the trial court's distribution determinations and remanded for a new trial, holding that certain prop
• Benson v. Benson
  102 So. 2d 748· Fla. 3d DCA· 1958-04-24 ·cited 47×
  In this 1958 Florida divorce appeal, the court reversed a trial court's award of alimony and the husband's interest in the marital home to an adulterous wife, holding that the doctrine of connivance did not apply and that statutory prohibitions on alimony to an adulterous spouse
• Rubino v. Rubino
  372 So. 2d 539· Fla. 1st DCA· 1979-06-29 ·cited 45×
  In this divorce case, the Florida appellate court held that a wife who pays all mortgage, taxes, insurance, and expenses on jointly-owned marital property is entitled to either a credit against the husband's share of proceeds or to require the husband to pay one-half of the expen
• Hyman v. Hyman
  310 So. 2d 378· Fla. 2d DCA· 1975-02-05 ·cited 44×
  In a dissolution of marriage case consolidated with a contract suit, the husband appealed arguing the trial court lacked power to reserve jurisdiction over property division. The Second District Court of Appeal held that a trial court may enter an interlocutory dissolution judgme
• Bergh v. Bergh
  127 So. 2d 481· Fla. 1st DCA· 1961-03-07 ·cited 43×
  In this divorce case, the wife appeals a final decree dividing marital property accumulated during the marriage. The appellate court held that while the chancellor may interpret facts differently from the special master's findings, he exceeded his authority by partitioning jointl
• Hendricks v. Hendricks
  312 So. 2d 792· Fla. 3d DCA· 1975-05-20 ·cited 42×
  In this dissolution of marriage appeal, the Florida District Court of Appeal affirmed the trial court's judgment dissolving the marriage but amended several provisions regarding child support, the wife's occupancy rights, property division, and maintenance obligations.