Legal Opinion

Sieber v. Gil

District Court of Appeal of Florida

Decided April 6, 2016No. 3D15-2270PublishedCited by 1 opinion

1Opinion of the CourtScales, J.

Appellant and defendant below, Bertha Sieber (“Sieber”), appeals the trial court’s non-final order directing immediate disbursement of proceeds from the sale of partitioned property to pay non-final, attorney’s fee orders rendered during the petition proceedings. Because Sieber’s counterclaims, which remain pending, arise out of the same Tenancy-In-Common Agreement (the “Agreement”) that formed the basis of the partition action by Appel-lee and plaintiff below, Anselmo Tavares Gil (“Gil”), we reverse the distribution order, and direct Gil to return any distributed funds.

I. Facts

In 2011,…

2Cases cited4 opinions

  1. Bosem v. Musa Holdings, Inc.Supreme Court of Florida · 2010
  2. Molina v. WatkinsDistrict Court of Appeal of Florida · 2002
  3. Del Rio v. BrandonDistrict Court of Appeal of Florida · 1997
  4. Heritage Real Estate & Development Co. v. GaichDistrict Court of Appeal of Florida · 1993

3Cited by1 opinion

  1. Pelican Creek v. PulverentiDistrict Court of Appeal of Florida · 2018

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