A partition action is used to force the sale of jointly owned property. Typically, a partition is sought when co-owners of a piece of real estate are unable to agree as to how to continue their joint ownership of the subject property. Florida law provides an absolute right to any co-owner of property to seek a partition. See Ch. 64, Florida Statutes. While this absolute right to partition seems at odds with provisions of the Florida Constitution that protect homestead property from forced sale, Florida courts have repeatedly held that homestead property is subject to a partition action from a co-owner.
Normally, a federal court is required to proceed with a case in which it has jurisdiction. Actions for declaratory relief, however, are treated differently, and the federal court has wide discretion to accept the controversy. Here, a federal court declines to hear a life insurance interpleader case involving the assertion of a slayer statute, because of the pendency of state court litigation on the same subject.
Voluntary dismissal or settlement of a guardianship proceeding has been a hotly debated issue in Florida guardianship practice. In Forman v. Gort, recently decided by the Florida Fourth District Court of Appeal, a settlement agreement entered into by an alleged incapacitated person prior to a hearing on incapacity was upheld.