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Lee v. Shaw

District Court of Appeal of Florida, Fifth District
Feb 23, 2007
948 So. 2d 1038 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D06-1046.

February 23, 2007.

Appeal from the Circuit Court for Putnam County, A.W. Nichols, III, Judge.

Robert W. Bauer, of Clayton-Johnston, P.A., Gainesville, for Appellant.

John R. Stiefel, Jr., and Bethany Ray Reichard, of Holbrook, Akel, Cold, Stiefel Ray, P.A., Jacksonville, for Appellee.


We are bound to agree with appellants that the affidavit offered in support of the motion for summary judgment was insufficient for the trial court to determine the legal and factual issues contained in the judgment, including the conclusion that the property at issue is not subject to partition.

On this record, we express no opinion concerning whether the property is subject to partition in whole or in part. Nor can we conclude on this record whether the appointment of a commission is required.

REVERSED and REMANDED.

GRIFFIN, ORFINGER and LAWSON, JJ., concur.


Summaries of

Lee v. Shaw

District Court of Appeal of Florida, Fifth District
Feb 23, 2007
948 So. 2d 1038 (Fla. Dist. Ct. App. 2007)
Case details for

Lee v. Shaw

Case Details

Full title:Thomas A. LEE, III, Louise Mack and Louie Hampton, et al., v. Howard J…

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 23, 2007

Citations

948 So. 2d 1038 (Fla. Dist. Ct. App. 2007)