Banks v. Guinyard
| Decision Date | 19 March 1912 |
| Citation | 63 Fla. 334,58 So. 229 |
| Parties | BANKS et al. v. GUINYARD. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Hillsborough County; J. B. Wall, Judge.
Proceeding by Willie Guinyard against Annie Banks, alias Annie Smith and another. Decree for plaintiff, and defendants appeal. Dismissed.
Syllabus by the Court
A decree in a partition suit, adjudicating the rights and interests of the respective parties in the lands sought to be partitioned, ordering partition thereof, and appointing commissioners to make the same, is interlocutory merely, and not final; but a decree in such a suit, ordering a sale of the property by the commissioners, based upon their report that partition cannot be made without great prejudice to the owners of the lands, is final.
An appeal in an equity cause, taken subsequently to the rendition of a final decree therein, solely and expressly from an interlocutory order therein, that does not bring up such final decree for review, cannot be considered by the appellate court, and will be dismissed.
COUNSEL G. E. Mabry and H. S. Hampton, both of Tampa for appellants.
Dickenson & Dickenson, of Tampa, for appellee.
This is a proceeding for partition of real estate. A decree was rendered May 26, 1911, adjudicating the interests of the parties and appointing commissioners to make partition of the lands, with directions that if they find that partition in kind cannot be made without manifest prejudice to the parties, or to either of them, to report such findings to the court for its action thereon. The commissioners reported that, owing to the situation of the land and the nature of the improvements thereon, partition in kind could not be made without prejudice to the parties. On this report a decree ordering a sale of the property for partition was rendered May 31, 1911. On November 25, 1911, the defendants took an appeal specifically from and limited to the decree of May 26 1911.
A decree in a partition suit, adjudicating the rights and interests of the respective parties in the lands sought to be partitioned, ordering partition thereof, and appointing commissioners to make the same, is interlocutory merely, and not final; but a decree in such a suit, ordering a sale of the property by the commissioners, based upon their report that partition cannot be made without great prejudice to the owners of the lands, is final. Camp Phosphate...
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