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BAYA v. REVITZ

District Court of Appeal of Florida, Third District
Sep 12, 1973
281 So. 2d 521 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-1042.

July 31, 1973. Rehearing Denied September 12, 1973.

Appeal from Circuit Court, Dade County; Milton A. Friedman, Judge.

Ward, Ward, Straessley, Hiss Heath, Miami, for appellants.

Sibley, Giblin, Levenson Ward, Miami, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


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.


Summaries of

BAYA v. REVITZ

District Court of Appeal of Florida, Third District
Sep 12, 1973
281 So. 2d 521 (Fla. Dist. Ct. App. 1973)
Case details for

BAYA v. REVITZ

Case Details

Full title:GEO. J. BAYA AND MARY PHILLIPS BAYA, HIS WIFE, APPELLANTS, v. ROBERT…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 12, 1973

Citations

281 So. 2d 521 (Fla. Dist. Ct. App. 1973)

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