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GARCIA-TUNON v. GARCIA-TUNON

No. 84-2703.

472 So.2d 1378 (1985)

Esther GARCIA-TUNON, Appellant, v. Jose GARCIA-TUNON, Marta Gonzalez and Rosa Maria Urreta, Appellees.

District Court of Appeal of Florida, Second District.

July 31, 1985.

Attorney(s) appearing for the Case

Jay W. Fusco of Meros & Smith, P.A., St. Petersburg, for appellant.

Arnoldo Velez and Maria C. Arriola Velez of Taylor, Brion, Buker & Greene, Miami, for appellees.

SCHEB, Judge.

This appeal poses the question of whether a life tenant can partition Florida real property against the remaindermen.

Appellant is the surviving spouse of Jose N. Garcia-Tunon, who died intestate on February 5, 1979. Appellees are the decedent's grown-up children by a prior marriage. The surviving spouse filed a complaint against decedent's children for partition of certain real property owned by her deceased husband. She alleged that upon her...

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