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281 So. 2d 521

Baya v. Revitz

District Court of Appeal of Florida · decided 1973-07-31

Cited by 2 later decisions — most recently October 1978

2 state decisions

Relies on Leonard v. Browne

Good law ✅— No negative treatment on recordhow we know

Decided 1973-07-31

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PER CURIAM.

¶1The 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.

¶2Appellee 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.

¶3Affirmed.

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