5D06-1046 Lee v. Shaw

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-1046

Case Date: 02/19/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

THOMAS A. LEE, III, LOUISE MACK and LOUIE HAMPTON, ET AL., Appellants, v. HOWARD J. SHAW, JOHN R. SHAW, JR., ET AL., Appellees. ________________________________/ Opinion filed February 23, 2007 Appeal from the Circuit Court for Putnam County, A.W. Nichols, III, Judge. Robert W. Bauer, of Clayton-Johnston, P.A., Gainesville, for Appellant. John R. Stiefel, Jr., and Bethany Ray Reichard, of Holbrook, Akel, Cold, Stiefel & Ray, P.A., Jacksonville, for Appellee. PER CURIAM. We are bound to agree with appellants that the affidavit offered in support of the motion for summary judgment was insufficient for the trial court to determine the legal and factual issues contained in the judgment, including the conclusion that the property at issue is not subject to partition. On this record, we express no opinion concerning whether the property is subject to partition in whole or in part. Nor can we conclude on this record whether the Case No. 5D06-1046 CORRECTED

appointment of a commission is required. REVERSED and REMANDED. GRIFFIN, ORFINGER and LAWSON, JJ., concur.

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