Martin v. Martin

On Application For Rehearing

YATES, Judge.

This court’s opinion of February 20, 1998, is withdrawn, and the following is substituted therefor.

On March 15, 1996, James Ruben Martin (“Martin”) petitioned for a sale and division of .43 acres of commercial property that he jointly owned with his mother, Marjorie I. Martin n/k/a Marjorie Martin Hannah (“Hannah”), and his brother, Michael Edward Martin. The property was leased to Carl West, who was also named as a defendant. Martin alleged conversion, stating that Hannah had converted to her own use monies generated from West’s lease. Martin asked…