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Cason v. Cason
Plaintiff Gregory B.H. Cason (Plaintiff) appeals a judgment apportioning attorney fees and costs incurred in his partition action against defendants Theresa A.H. Cason, also known as Theresa H. Schoneman, Donald S. Cason, David B.H. Cason and Diane Cason, as trustees of the David Cason and Diane Cason 2000 Family Trust (together Defendants). On appeal, Plaintiff contends the trial court abused its discretion by apportioning attorney fees and costs incurred in the partition action for the common benefit of the parties on an equitable basis of 50 percent to Plaintiff and 50 percent to Defendants.
FACTUAL AND PROCEDURAL BACKGROUND
On October 30, 2003, Plaintiff filed a complaint requesting partition of certain real property owned by Plaintiff and Defendants in cotenancy, commonly known as "Elder Canal, Gates 9 & 10" and consisting of about 160 acres (Property). The complaint alleged Plaintiff and each of the three Defendants owned an undivided one-fourth interest in the Property. It sought partition by sale of the Property, alleging a sale would be more equitable than division in kind because the Property is farm land and too small to be divided into parcels that can be economically farmed. Defendants answered the complaint, opposing partition by sale and, in the event the trial court ordered partition of the Property, requesting that Plaintiff be allotted a parcel according to his one-fourth interest and Defendants be allotted a parcel according to their collective three-fourths interest.

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