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Collins v. Collins

District Court of Appeal of Florida, Second District
Dec 2, 1981
406 So. 2d 1233 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-2198.

December 2, 1981.

Appeal from the Circuit Court, Pinellas County, David Seth Walker, J.

Stephen D. Hughes, Largo, for appellant.

No appearance for appellee.


We find that the Order upon Plaintiff's Motion to Compel Sale of Real Property was improperly entered by the trial court and therefore reverse.

When there is a necessity for partition and sale of real property, and the parties refuse to cooperate, the sale must be held in accordance with the mechanics of section 64.061 et seq. Florida Statutes (1979). See Carlsen v. Carlsen, 346 So.2d 132 (Fla.2d DCA 1977).

The order below is set aside and this cause remanded for partition according to statutory procedures.

REVERSED.

GRIMES, A.C.J., and OTT and SCHOONOVER, JJ., concur.


Summaries of

Collins v. Collins

District Court of Appeal of Florida, Second District
Dec 2, 1981
406 So. 2d 1233 (Fla. Dist. Ct. App. 1981)
Case details for

Collins v. Collins

Case Details

Full title:F. RONALD COLLINS, APPELLANT, v. SUSAN COLLINS, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 2, 1981

Citations

406 So. 2d 1233 (Fla. Dist. Ct. App. 1981)

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