Baya v. Revitz
Florida District Courts of Appeal
Baya v. Revitz, 281 So. 2d 521 (1973)
1973 Fla. App. LEXIS 7701
Haverfield, Hendry, Pearson
Baya v. Revitz
Opinion of the Court
The appellants’ point urges that a judgment for partition must be reversed because a cotenant may not seek partition where there is an outstanding lease giving the present right of possession. The trial judge correctly determined that the outstanding lease was not a bar. See Leonard v. Browne, Fla.App.1961, 134 So.2d 872.
Appellee contends that a stipulation in the record of this case was a stipulation of settlement and that therefore the appellants cannot appeal the consent judgment. We agree. Our examination of the record convinces us that the stipulation was a settlement.
Affirmed.
Reference
- Full Case Name
- Geo. J. BAYA and Mary Phillips Baya, his wife v. Robert REVITZ
- Cited By
- 3 cases
- Status
- Published