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

PER CURIAM.

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