Tenancy In Common

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

• Of
  Del. Ch.· 2018-09-28
  The Court of Chancery held that Beaver Dam Farms, Inc. (BDF) was a valid corporate entity at the time of the decedent's death due to the subsequent revival of its incorporation certificate. The court also determined that the decedent held a 49% interest in BDF, with his son Rolla
• Simon v. Waters
  253 So. 3d 1172· Fla. 5th DCA· 2018-08-10
  A court cannot impose an equitable lien to recover attorney fees when there is no statutory, contractual, or rule-based authorization for such fees.
• Simon v. Waters
  Fla. 5th DCA· 2018-08-06
  A court cannot use an equitable lien or other equitable remedy to indirectly award attorney fees when it lacks direct statutory, rule-based, or contractual authority to award them. The trial court's imposition of an equitable lien consisting almost entirely of the prevailing part
• Korn v. C.A. No. 8266-VCG Sylvia Korn
  Del. Ch.· 2015-04-22
  The court held that the $200,000 transfer was a gift, the condominium is owned as tenants in common, the cemetery plots are beneficially owned by the mother and must be re-titled in her name, and the son must account for funds withdrawn from the joint account. The court found tha
• Guevara v. Rodo Guevara
  162 So. 3d 256· Fla. 3d DCA· 2015-03-04
  Hilda Guevara appealed a trial court's dismissal of her petition to set aside a 2006 final judgment of dissolution and marital settlement agreement. The appellate court reversed in part, allowing Hilda to amend her pleading regarding her claim that she did not receive $250,000 fo
• Thomas
  Del.· 2014-10-01
  The Delaware Supreme Court affirmed in part and reversed in part the Family Court's decision. The Court held that the Family Court erred in its application of the alimony statute by failing to consider the principal of the Wife's substantial inheritance when determining her depen
• Morton v. Rogers
  Del. Ch.· 2014-06-17
  The Court recommends denying the respondents' motion to dismiss, finding it reasonably conceivable that the petitioner can establish a valid contract for specific performance of the real estate sale. The essential terms of the contract, including the property description and pric
• Childs v. Synovus Bank
  2012 U.S. Dist. LEXIS 110674· S.D. Fla.· 2012-07-27
• Pivinski v. Brzozowski
  Del. Ch.· 2010-10-12
  The appellate court affirmed the trial court's denial of the plaintiff's request for the imposition of a constructive trust and resulting trust over two real properties. The court found that the deed transferring the North Wildwood property to the decedent and his daughter Joan a
• In the Estate
  Del. Ch.· 2010-09-01
  The Court held that there was no enforceable oral contract for the sale of the cottage, as David, a necessary party, never agreed to the sale. Furthermore, the plaintiff waived any interest in the cottage by accepting his full estate distribution in cash. The court also found tha
• Chin v. The Est. OF Adolph E. Chin
  15 So. 3d 894· Fla. 3d DCA· 2009-08-05
  David Chin appeals the trial court's determination that his deceased father Adolph's will granted a life estate to his sister Mary Chin in their co-owned Miami-Dade County property. The appellate court affirms, holding that the unambiguous language of paragraph seven of the will
• Julia v. Russo
  984 So. 2d 1283· Fla. 4th DCA· 2008-07-02
  Michelle Julia, who shot and killed her unmarried partner John Russo, appealed the trial court's denial of her motion to withdraw funds from joint accounts they held with rights of survivorship. The Fourth District Court of Appeal reversed, holding that taking title as joint tena
• Haley v. Haley
  936 So. 2d 1136· Fla. 5th DCA· 2006-08-11
  Myra Haley appeals the equitable distribution of a joint tax refund and capital loss carry forwards (CLCFs) from her dissolution of marriage to John Haley. The Florida appellate court affirmed the equal distribution of the $168,479 joint tax refund but reversed the equal distribu
• Vinson v. Johnson
  931 So. 2d 245· Fla. 1st DCA· 2006-06-16
  The court affirmed a judgment ordering partition of real property despite a will provision prohibiting partition or forced sale without unanimous consent of all heirs. The court held that such a prohibition constitutes an unlawful restraint on alienation of real property and is u
• Cora Mallard v. East Coast Recovery
  15th Cir. Ct. App. Div.· 2005-11-30
  A judgment lien cannot be foreclosed against homestead property protected by the Florida Constitution, and a judgment lien that expires before final judgment is entered becomes unenforceable and renders the case moot.
• Smith v. Smith
  896 So. 2d 818· Fla. 5th DCA· 2005-02-18
  Angela Smith appeals a final divorce judgment, challenging the trial court's distribution of marital assets, particularly the Oregon property and Moultrie Heights property, and the denial of permanent periodic alimony. The appellate court finds the trial court erred in calculatin
• Barbra A. Rice v. Corry
  854 So. 2d 772· Fla. 2d DCA· 2003-09-03
  Former wife appealed a partition order awarding the former husband a credit for the down payment on their marital home. The court affirmed the partition but reversed the trial court's award of down payment credit to the former husband, finding he was barred by res judicata from r
• Nordman v. McCORMICK
  715 So. 2d 310· Fla. 5th DCA· 1998-07-17
  Annette Nordman appealed a trial court order establishing her aunt Marjorie McCormick as the sole owner of Lot 36 in Volusia County, Florida. The court reversed, holding that a 1917 deed from Clyde Daugherty to his wife Anna Louise was void under the 1885 Florida Constitution's h
• Davis v. Lyons
  700 So. 2d 794· Fla. 4th DCA· 1997-10-29
  In this partition action, the trial court granted summary judgment against Gloria Davis, a judgment creditor of the deceased co-owner, and extinguished her lien on the property. The Florida appellate court reversed, holding that Davis's judgment lien rights presented disputed fac
• Mattingly v. Mattingly
  685 So. 2d 971· Fla. 2d DCA· 1996-12-27
  Jan Mattingly appeals a trial court order that failed to comply with this court's prior mandate regarding equitable distribution of marital assets in a divorce case. The court finds the trial court did not adequately redistribute marital assets as directed and remands for equitab
• In re Est. OF Elizabeth H. Hillyer v. Hillyer
  664 So. 2d 361· Fla. 4th DCA· 1995-12-20
  The appellate court reversed the probate court's order, finding that the language in paragraph II of the decedent's will was not specific enough to direct that her one-half interest in a jointly owned condominium pass to the surviving joint tenant, thus it would pass via the resi
• Wheeling Dollar Bank v. City OF Delray Beach
  639 So. 2d 113· Fla. 4th DCA· 1994-06-22
  The court held that a cotenant's open and notorious possession of property for the statutory period, even without actual notice to other cotenants, can establish adverse possession, especially when the other cotenants were unaware of their interest.
• Smith v. Oneal Smith, Jr.
  597 So. 2d 370· Fla. 3d DCA· 1992-04-14
  Wife Denise Darcel Smith appealed a final judgment of marriage dissolution, challenging the trial court's division of marital property. The appellate court affirmed the trial court's decision regarding a tenancy in common arrangement for property in Goulds, but reversed and reman
• Bode v. Bode
  576 So. 2d 1382· Fla. 4th DCA· 1991-04-10
• 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.
• Millie M. Wigginton v. Wigginton
  575 So. 2d 233· Fla. 2d DCA· 1991-02-01
  Mrs. Wigginton appeals a partition judgment dividing a citrus grove held as tenancy in common following her divorce. The court affirmed the partition decree accepting the lower accounting figure but reversed the trial court's finding that a settlement agreement waived her rights
• Wescott v. Amerifirst Fed. Sav. & Loan Ass'n
  564 So. 2d 166· Fla. 5th DCA· 1990-06-21
  In this mortgage foreclosure case arising from a contentious divorce, the court held that a former husband's attorney, who became a cotenant through foreclosure of his own mortgages, could still foreclose on the entire first mortgage debt through a trust arrangement, even though
• Puranchand D. Hemlani v. Guerrero
  902 F.2d 1412· 9th Cir.· 1990-05-08
  The court held that the Hemlanis do not have standing to challenge the retroactive application of a statute in their suit for specific performance.
• Carroll Crim Williams v. Shuler
  551 So. 2d 585· Fla. 1st DCA· 1989-11-01
  In a property dispute between former spouses, the Florida appellate court reversed a trial court judgment that had declared the parties tenants in common of a five-acre parcel based on a 1964 divorce decree's stipulation. The court held that the decree failed to convey property i
• Kathryne L. Carmody v. Secretary OF the Navy
  886 F.2d 678· 4th Cir.· 1989-09-27
  A former spouse is not entitled to direct payment of military retirement benefits under the USFSPA if the court order awarding such benefits is a modification of a pre-McCarty divorce decree that did not address retirement pay, or if the order is an independent partition suit not
• Hall v. Almaretta R. Hall
  549 So. 2d 207· Fla. 3d DCA· 1989-08-08
  Milton Hall appealed a partition judgment of a former marital home held as tenants in common. The court reversed, holding that a prior marriage annulment judgment that made no property distributions did not bar Hall's counterclaim seeking to quiet title and reform the deed, as re
• Shirleen Lawrence v. E.W. Lawrence, Jr.
  546 So. 2d 790· Fla. 3d DCA· 1989-07-25
  The court modified the final judgment to cross-award properties, transfer an automobile title, and repay trust funds, affirming the dissolution judgment in all other respects.
• Goldfarb v. Agran
  546 So. 2d 24· Fla. 3d DCA· 1989-06-20
  Rita Goldfarb appeals the trial court's order overruling a general master's report in post-divorce proceedings concerning division of marital home expenses and child support arrearages. The appellate court reverses, holding that the trial court erred in substituting its judgment
• Trager v. Trager
  544 So. 2d 1128· Fla. 4th DCA· 1989-06-14
  Florida appellate court reversed trial court's order compelling husband to reimburse wife for real estate taxes on marital home where the dissolution judgment was silent on expense payment responsibilities.
• Campbell v. Campbell
  543 So. 2d 301· Fla. 1st DCA· 1989-04-28
  W. Kent Campbell appealed a Florida trial court's denial of his partition complaint regarding a vacation home in Destin, Florida owned with his former wife as tenants in common. The court affirmed, holding that a prior Georgia court order interpreting their settlement agreement a
• 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.
• SAS v. SAS
  524 So. 2d 486· Fla. 2d DCA· 1988-05-04
  In this dissolution of marriage appeal, the husband challenges the trial court's award of permanent alimony and sole ownership of the marital home to the wife. The appellate court affirmed the alimony award but reversed the home award, finding it an abuse of discretion to award s
• Thompson v. Adams
  685 F. Supp. 842· M.D. Fla.· 1988-04-12
  Federal tax liens are superior to state-law liens and the conveyance of property was a fraudulent conveyance voidable by the government.
• Suarez v. Suarez
  514 So. 2d 428· Fla. 3d DCA· 1987-11-03
  The Third District Court of Appeal reversed a dissolution judgment, holding that the trial court erred in awarding the husband's interest in the marital home as lump sum alimony and in setting periodic alimony beyond his ability to pay.
• Egger v. Egger
  506 So. 2d 1168· Fla. 3d DCA· 1987-05-12
  The court held that the statute of limitations barring claims against property conveyed by an heir does not apply when the heirs' identities were determined in probate proceedings.
• Churchville v. Varner
  502 So. 2d 53· Fla. 1st DCA· 1987-02-05
  Florida appellate court reversed a partition judgment that prohibited both parties from bidding at the public sale of their commonly-owned property, holding that neither party may be deprived of their inherent right to bid without explicit written agreement.
• 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.
• Wood v. Jack Carl Assocs., Inc.
  782 F.2d 83· 7th Cir.· 1986-01-15
  The court held that the financial institution was not liable for disbursing funds from a joint account to one account holder without the other's express authorization, as the relevant statute primarily addressed survivorship rights and the plaintiff failed to establish common law
• Lowe v. Scott
  480 So. 2d 260· Fla. 2d DCA· 1986-01-03
  Lowe and Scott became tenants in common in rental property, with Scott acquiring a one-half interest in 1982. Scott sued for partition and accounting when he received no income, and the trial court awarded him $15,146.20. The appellate court affirmed the accounting methodology bu
• Enfield v. Enfield
  479 So. 2d 155· Fla. 3d DCA· 1985-11-12
• Shere v. Shere
  478 So. 2d 101· Fla. 2d DCA· 1985-11-01
  In a partition action following divorce, the trial court erroneously allocated all costs and attorney's fees to the former wife's $3,000 deposit when she was the successful bidder. The appellate court reversed, holding that costs and fees should be split equally between the forme
• Wittenstein v. Wittenstein
  466 So. 2d 18· Fla. 5th DCA· 1985-03-21
  Court reversed award of lump sum alimony consisting of wife's own one-half interest in marital residence, holding that lump sum alimony cannot be satisfied by awarding property already belonging to the recipient.
• Huff v. Wilmateen Virginia Maxwell Huff
  453 So. 2d 531· Fla. 5th DCA· 1984-08-02
  In this matrimonial appeal, the Florida Fifth District Court of Appeal addressed the proper characterization of a trial court's award of exclusive possession of the marital home to the wife in a dissolution of marriage case. The court held that the trial court's characterization
• First Am. Title Ins. Co. v. Kessler
  452 So. 2d 35· Fla. 3d DCA· 1984-05-08
  First American Title Insurance Company appeals a summary judgment awarding Harold Kessler $478,400 under title insurance policies. The court reverses, finding genuine issues of material fact regarding whether defects in title were assumed or agreed to by co-beneficiaries, whether
• Duarte v. Duarte
  447 So. 2d 928· Fla. 3d DCA· 1984-03-06
  The court held that the trial court erred in its support award and directed the sale of the marital home to provide funds for the husband to make payments.