FUTURA REALTY, INC. v. WIGDOR

Nos. 81-2095, 81-2097.

421 So.2d 536 (1982)

FUTURA REALTY, INC., Gonzalo R. Lage, Sr., and Arthur Draper, Appellants, v. Lawrence WIGDOR and Wigdor Realty, Inc., Appellees.

District Court of Appeal of Florida, Third District.

On Rehearing November 23, 1982.


Attorney(s) appearing for the Case

Lapidus & Stettin and Robert P. Frankel, Fleming & Huck and Joseph Fleming, Miami, for appellants.

Charles L. Neustein, Miami Beach, for appellees.

Before BARKDULL, DANIEL S. PEARSON, and FERGUSON, JJ.


PER CURIAM.

We find no error in the trial court granting a summary judgment that recognized the right of a fee-title holder, of an undivided interest in a parcel of real property, to bring a statutory action for partition regardless of his motives and any equitable defenses to such action should be presented therein and not in an independent action. Condrey v. Condrey, 92 So.2d 423 (Fla. 1957); Williams v. Ricou, 143...

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