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Hope v. Hope

District Court of Appeal of Florida, Fifth District
Feb 24, 1982
410 So. 2d 212 (Fla. Dist. Ct. App. 1982)

Summary

In Hope v. Hope, 410 So.2d 212 (Fla.Dist.Ct.App. 1982), the court was faced with a fact situation virtually identical to that in Allen.

Summary of this case from Harrell v. Wester

Opinion

No. 81-909.

February 24, 1982.

Appeal from the Circuit Court, Marion County, William T. Swigert, J.

G. Don Ritter, Ocala, for appellants.

Thomas C. Ranew, Jr., of McKay Ranew, P.A., Ocala, for appellees.


The appellants' and appellees' predecessors in title were co-tenants in the land at issue. The appellants sued the appellees, seeking various relief, including partition. The appellees answered, raised several affirmative defenses, and counterclaimed to quiet title. The parties agreed that the only issue for the trial court's determination was whether the marketable record title act (MRTA) applies where a tax deed has been granted a co-tenant and the rights of third parties are not involved. Relying upon Allen v. St. Petersburg Bank Trust Co., 383 So.2d 1171 (Fla.2d DCA 1980), the trial court found that MRTA did cut off the rights of such co-tenant, and granted a summary judgment in favor of the appellees.

Ch. 712, Fla. Stat. (1979).

The appellants argue that under equitable principles, a co-tenant cannot gain sole title to a co-tenancy by paying the taxes and obtaining a tax title. See, e.g., Johnson v. Johnson, 179 So.2d 112 (Fla.2d DCA 1965); Albury v. Gordon, 164 So.2d 549 (Fla.3d DCA 1964). Recognizing this equitable doctrine, the Allen court held that a co-tenant's interest survives the issuance of a tax deed to a co-tenant, but that MRTA could extinguish that interest if timely notice was not filed pursuant to section 712.05. 383 So.2d at 1171-72. The appellants' attempts to distinguish Allen are unavailing. MRTA's language is clear and broad, and its purpose is to allow persons to rely upon marketable record title as defined in section 712.02. We therefore apply the reasoning of Allen to the circumstances of this case. See also I.T.T. Rayonier, Inc. v. Wadsworth, 346 So.2d 1004 (Fla. 1977).

The summary judgment in favor of the appellees is

AFFIRMED.


Summaries of

Hope v. Hope

District Court of Appeal of Florida, Fifth District
Feb 24, 1982
410 So. 2d 212 (Fla. Dist. Ct. App. 1982)

In Hope v. Hope, 410 So.2d 212 (Fla.Dist.Ct.App. 1982), the court was faced with a fact situation virtually identical to that in Allen.

Summary of this case from Harrell v. Wester

In Hope v. Hope, 410 So.2d 212 (Fla. 5th DCA 1982), this court applied the reasoning in Allen in affirming the trial court's judgment that MRTA does apply where a tax deed has been granted to a co-tenant and the rights of third parties are not involved.

Summary of this case from Travick v. Parker
Case details for

Hope v. Hope

Case Details

Full title:JULIUS HOPE, JR.; PEGGY L. GOODWINE, LINDA G. HARRIS, AND SHIRLEY GRAHAM…

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 24, 1982

Citations

410 So. 2d 212 (Fla. Dist. Ct. App. 1982)

Citing Cases

Travick v. Parker

However, the Allen court also held that MRTA could extinguish such an interest if timely notice was not filed…

Harrell v. Wester

In Hope v. Hope, 410 So.2d 212 (Fla.Dist.Ct.App. 1982), the court was faced with a fact situation virtually…