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Court denies request to change partition sale procedure; prior sale and auction order stays in force
Summary
In a separate matter the court declined a pro se petitioner's request to impose a structured buyout/transfer process in a partition case, finding a prior February order that authorized auction and listing should remain in effect and ordering discovery responses on a 30-day timetable.
The court on April 2 refused a pro se petitioner's request to change an existing partition-and-sale procedure and denied the requested court-ordered buyout/transfer protocol. The judge said a prior, final order entered in February governs the sale and ordering a different process now would risk delay and would complicate marketable title.
Counsel for the property owners reported a successful personal-property auction and described a schedule for a second auction in July and real-estate listing steps to follow once personal-property sales conclude. He asked the court to maintain the status quo and allow the processes ordered in February to proceed.
The judge agreed. He told the petitioner that while she could sell her interest to a third party, any transfer that would complicate title and the court-ordered sale process could not be permitted before the real property was under contract. The court also directed that responsive discovery be produced within 30 days and advised counsel that if a discovery request is excessive, the proper remedy is a motion to quash.
For the partition case the judge ordered the parties to keep the calendar and sale processes intact and to comply with the court's discovery timetable.
