FLOYD R. COGGINS AND MAXLYN COGGINS, HIS WIFE, APPELLANTS,
v.
WALTER F. MIMMS AND GENE C. MIMMS, HIS WIFE, ET AL., APPELLEES
FLOYD R. COGGINS AND MAXLYN COGGINS, HIS WIFE, APPELLANTS,
WALTER F. MIMMS AND GENE C. MIMMS, HIS WIFE, ET AL., APPELLEES
373 So. 2d 964
Florida District Court of Appeal, First District (1979)
Positive Treatment
Cited by 3 cases
Opinion of the Court
ROBERT P. SMITH, Jr., Judge.
Appellant Floyd Coggins’ recorded affidavit, reciting the existence of agreements by others to convey to him the land here contested, was not an instrument entitled to recordation as constructive notice to other potential buyers because the instrument contained no sworn acknowledgment of the vendors. Section 696.01, Florida Statutes (1977). Recordation of the Coggins affidavit, indexed by the clerk under his name alone, therefore was not notice to appellees of a prior obligation of the vendors to sell to Coggins. The .circuit court’s summary judgment is
AFFIRMED.
MILLS, C. J., and SHIVERS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Bakalarz v. Luskin, 560 So. 2d 283 (Fla. 4th DCA 1990)…9 Fla. 767, 33 So. 2d 150 (Fla.1947); Sackheim v. Marine Bank & Trust Co., 341 So. 2d 247 (Fla. zDCA 1976); Air Flow Heating & Air Conditioning, Inc. v. Baker, 326 So. 2d 449 (Fla. 4th DCA), cert. denied, 341 So. 2d 289 (Fla.1976); Coggins v. Mimms, 373 So. 2d 964 (Fla. 1st DCA 1979). HERSEY, C.J., and DOWNEY, J., concur. STONE, J., concurs in part and dissents in part with opinion.…
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Goldman v. The Est. OF Herman Pearlman, 698 So. 2d 605 (Fla. 3d DCA 1997)…PER CURIAM. Affirmed. See Copian Pipe & Supply Co. v. McCann, 132 So. 2d 632 (Fla. 3d DCA 1961); Coggins v. Mimms, 373 So. 2d 964 (Fla. 1st DCA 1979).…
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Yaist v. The United States V. Olson Fla. Realty Co., 656 F.2d 616 (Ct. Cl. 1981)…cord is wholly silent as to the indexing of the Boswell affidavit and attachments. They may well have been indexed only under Boswell, the affiant, which would obviously have been outside any area of proper governmental search. See Coggins v. Mimms, 373 So. 2d 964, 965 (Fla.Dist. Ct.App.1979) (affidavit indexed only under buyer’s name and without acknowledgment by the seller gave no notice of alleged seller’s interest in property). Plaintiff has the burden of showing that the Boswell affidavit and attachments…