Terms Used In Florida Statutes 64.204

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Heirs property: means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:
    (a) There is no agreement in a record binding all the cotenants which governs the partition of the property;
    (b) One or more of the cotenants acquired title from a relative, whether living or deceased; and
    (c) Any of the following applies:
    1. See Florida Statutes 64.202
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(1) This part does not limit or affect the method by which service of a complaint in a partition action may be made.
(2) If the plaintiff in a partition action seeks notice by publication, and the court determines that the property is heirs property, then the court shall order the clerk of the court to issue a notice of action to the plaintiff in the form set forth in s. 49.08 and the plaintiff must, not later than 10 days after receipt, post the notice of action on the property that is the subject of the action.
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