Megan Cauble v. Gregory Kaczmarski

Summary

The Third District Court of Appeal of Florida reviews a partition dispute involving two condominium units jointly owned by Megan Cauble and Gregory Kaczmarski. The court holds that Cauble was entitled to credits for her share of delinquent Porto Bellagio carrying costs and at least half of the Castle Beach carrying costs, and that she should have been permitted to present expert testimony regarding fair rental value as an offset. The judgment is affirmed in part, reversed in part, and remanded.

Holdings

1. Because the parties agreed that Kaczmarski would have exclusive possession and use of Porto Bellagio and would pay its carrying costs, and Kaczmarski stipulated that he was not seeking those costs from Cauble, Cauble was entitled to a credit for one-half of the delinquent charges deducted from the sale proceeds.
2. The finding that Cauble remained in joint possession of Castle Beach after 2010 was unsustainable; Kaczmarski's possession and use was disproportionate to his fifty-percent ownership interest, making Cauble an out-of-possession cotenant entitled to at least one-half of the Castle Beach carrying costs as a credit.
3. As an out-of-possession cotenant, Cauble was entitled to offset Kaczmarski's claim for Castle Beach carrying costs with the reasonable rental value of Kaczmarski's use of the property, and she was authorized to present expert testimony on fair market rental value.

Questions Presented

1. Whether Cauble was entitled to a credit for one-half of delinquent Porto Bellagio carrying costs deducted from the partition-sale proceeds.
2. Whether the trial court properly found that Cauble remained in joint possession of Castle Beach after surrendering the unit to Kaczmarski.
3. Whether Cauble was entitled to offset Kaczmarski's Castle Beach carrying-cost contribution claim with the reasonable rental value of her use of the property and to present expert testimony on fair market rental value.

Disposition

reversed_and_remanded