
    Geo. J. BAYA and Mary Phillips Baya, his wife, Appellants, v. Robert REVITZ, Appellee.
    No. 72-1042.
    District Court of Appeal of Florida, Third District.
    July 31, 1973.
    Rehearing Denied Sept. 12, 1973.
    Ward, Ward, Straessley, Hiss & Heath, Miami, for appellants.
    Sibley, Giblin, Levenson & Ward, Miami, for appellee.
    
      Before PEARSON, HENDRY and HAVERFIELD, JJ.
   PER CURIAM.

The appellants’ point urges that a judgment for partition must be reversed because a cotenant may not seek partition where there is an outstanding lease giving the present right of possession. The trial judge correctly determined that the outstanding lease was not a bar. See Leonard v. Browne, Fla.App.1961, 134 So.2d 872.

Appellee contends that a stipulation in the record of this case was a stipulation of settlement and that therefore the appellants cannot appeal the consent judgment. We agree. Our examination of the record convinces us that the stipulation was a settlement.

Affirmed.  