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CARUSO v. PLUNK

No. 90-647.

574 So.2d 1230 (1991)

Christina M. CARUSO, Appellant, v. Carl N. PLUNK, Appellee.

District Court of Appeal of Florida, Fifth District.

February 28, 1991.

Attorney(s) appearing for the Case

Edward R. Gay, Orlando, for appellant.

John F. Tannian of King & Blackwell, P.A., Orlando, for appellee.

COBB, Judge.

In this case the plaintiff below, Christina M. Caruso, brought an action against Carl Plunk, seeking rescission of a quit-claim deed she and her husband had executed involving two acres of land. Alternatively, she sought partition of the property.

We affirm the trial court's denial of rescission, but reverse its denial of partition. Partition is a matter of right for tenants in common. Condrey v. Condrey, 92 So.2d 423<...

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