Coggan v. Coggan
Florida Supreme Court
239 So. 2d 17 (1970)
- Written by Sean Carroll, JD
Facts
Mr. Coggan (defendant) and Mrs. Coggan (plaintiff) jointly owned an office building that Mr. Coggan used as his office. The parties divorced, at which time they became tenants in common as to the office building. Mr. Coggan continued to use the office building exclusively. Mrs. Coggan filed a petition for a partition sale. Mr. Coggan testified that he always felt that the office building was his, and that Mrs. Coggan was not the true owner, but Mr. Coggan never communicated that belief to Mrs. Coggan. The trial court ordered a partition sale, and, based on this testimony, ordered an accounting in Mrs. Coggan’s favor for half of the building’s rental value as of the date of the divorce. The court of appeals affirmed. The Florida Supreme Court granted Mr. Coggan’s petition for writ of certiorari.
Rule of Law
Issue
Holding and Reasoning (Moody, J.)
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