
    John AVERY, Appellant, v. Sherry WAGNER, Appellee.
    No. 78-546.
    District Court of Appeal of Florida, Fourth District.
    Feb. 7, 1979.
    John L. Avery, Jr., West Palm Beach, for appellant.
    
      No appearance by appellees.
   PER CURIAM.

In this suit for partition it appears the appellant was legally entitled to have the court order the partition. Therefore this cause is remanded for entry of a judgment partitioning the property owned by the parties as tenants in common.

REVERSED and REMANDED.

CROSS, DAUKSCH and LETTS, JJ., concur.  