BAYA v. REVITZ

No. 75-1880.

345 So.2d 340 (1977)

George J. BAYA and Mary Phillips Baya, Appellants, v. Robert REVITZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 23, 1977.


Attorney(s) appearing for the Case

Cushman & Cushman, Miami, Richard H.M. Swann, Coral Gables, for appellants.

Lapidus & Hollander, Miami, for appellee.

Before HENDRY, C.J., and PEARSON and HAVERFIELD, JJ.


PEARSON, Judge.

We have been presented with a prior appeal in this matter. See Baya v. Revitz, 281 So.2d 521 (Fla.3d DCA 1973). We determined there that partition was a proper remedy and, as a second reason for an affirmance, we held:

"Appellee contends that a stipulation in the record of this case was a stipulation of settlement and that therefore the appellants cannot...

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