Caruso v. Plunk
Docket: No. 90-647
Court: District Court of Appeal of Florida; February 27, 1991; Florida; State Appellate Court
Christina M. Caruso initiated legal action against Carl Plunk, seeking rescission of a quit-claim deed for two acres of land jointly owned with her husband. As an alternative, she requested partition of the property. The trial court's denial of rescission was upheld, but its denial of partition was reversed. The ruling emphasized that partition is a right for tenants in common, as established in Condrey v. Condrey, 92 So.2d 423 (Fla. 1957). Although exceptions like waiver and estoppel exist, they were neither pled nor proven in this case. Testimony indicated that the property was divisible. The court remanded the case for proceedings under Chapter 64. The decision resulted in an affirmation of the trial court's denial of rescission and a reversal regarding partition, with concurrence from Judges Dauksch and Peterson.