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GERACI v. GERACI

No. 2D06-2478.

963 So.2d 904 (2007)

Roy Nicholas GERACI, Jr., Appellant, v. Peter Adkins GERACI, Appellee.

District Court of Appeal of Florida, Second District.

August 24, 2007.

Attorney(s) appearing for the Case

Mark P. Kelly of Lopez & Kelly, P.A., Tampa, for Appellant.

Mark A. Linsky of Mark A. Linsky, P.A., Tampa; and Stuart C. Markman and Robert W. Ritsch of Kynes, Markman & Felman, P.A., Tampa, for Appellee.

ALTENBERND, Judge.

Roy Nicholas Geraci, Jr. (Nick), appeals a final judgment of partition concerning four parcels of real property that he owns as a tenant in common with his brother, Peter Adkins Geraci (Peter). The judgment determines that the property is not divisible in kind without prejudice to the brothers and orders its public sale. The only issue on appeal, which appears to be a matter of first impression, is whether a trial court may conduct a hearing to...

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