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.