District Court of Appeal of Florida

Summary judgment requiring partition of jointly held real estate is affirmed where the parties did not express an intention to waive the right to partition in the joint tenancy agreement, but dismissal of request for an equitable lien is reversed where the local action rule did not deprive the court of subject matter jurisdiction over the issue.

Appellate Information

• Decided 06/14/2006
• Published 06/14/2006

Judges

• SHEPHERD, J., Before GERSTEN, SHEPHERD and ROTHENBERG, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Bennett Aiello Henry McGuinness, LLP, and Paul Aiello, Miami, for appellant.


• For Appellees:
  
• Neal R. Lewis, Miami, and Thomas Murphy, for appellee.