Florida District Courts of Appeal, 1973

Baya v. Revitz

Florida District Courts of Appeal · Decided July 31, 1973 · Haverfield, Hendry, Pearson

281 So. 2d 521; 1973 Fla. App. LEXIS 7701 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Baya v. Revitz (Fla. Dist. Ct. App. 1977)
Baya v. Revitz (Fla. Dist. Ct. App. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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