Keith v. El-Kareh

Defendants, Auguste B. El-Kareh and Josine C. J. El-Kareh, appeal the trial courts judgment partitioning real property they held as tenants in common with plaintiff, Robert R. Keith. Defendants contend that the trial court applied an incorrect formula in calculating their share of ownership, that the trial court erred in granting plaintiff the right to purchase their interest, and that it erred in refusing to award them rent for plaintiffs use and occupation of the property. Plaintiff, on cross-appeal, contends that the trial court erred in denying his claim for specific performance of the parties cotenancy agreement and in awarding partition instead. We affirm the trial courts award of partition and denial of rent and specific performance, and reverse and remand on the application of the partition formula.