THOMPSON v. MITCHELL

Nos. AM-489, AM-490.

429 So.2d 388 (1983)

Alvin THOMPSON, Jr., Robert Thompson, Mattie Thompson, and Louise Thompson, Appellants, v. Annie Mae MITCHELL, Erma Nell Ward, and Christine Smith, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 25, 1983.


Attorney(s) appearing for the Case

Marva A. Davis, of Travis & Davis, Quincy, and Larry K. White, Legal Services of North Florida, Inc., Quincy, for appellants.

Robert D. Trammell, Marianna, for appellees.


WENTWORTH, Judge.

This is an appeal from an order finding that certain property owned by the parties as tenants in common is indivisible without prejudice to the owners, and ordering it sold. We reverse because we conclude the record substantiates the report of the statutory commissioners recommending partition in kind based on lack of prejudice.

The parties in this case are the heirs of Alvin Thompson, Sr., who died intestate, leaving a tract of land consisting...

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