ALBERT BRICK, INDIVIDUALLY AND AS TRUSTEE, ET AL., APPELLANTS,
v.
OKALOOSA TITLE AND ABSTRACT CO., INC., ET AL., APPELLEES
ALBERT BRICK, INDIVIDUALLY AND AS TRUSTEE, ET AL., APPELLANTS,
OKALOOSA TITLE AND ABSTRACT CO., INC., ET AL., APPELLEES
404 F.2d 889
Court of Appeals for the Fifth Circuit (1968)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
This is an appeal from the judgment of the District Court dismissing count two of appellant’s amended complaint because the substance of the complaint gave rise to liability in contract rather than tort and, further, dismissing the complaint upon the grounds of prescription.
It is well settled under Florida law that an action against an abstractor to recover damages for negligence in making or certifying an abstract of title does not sound in tort but must be founded on contract. Sickler v. Indian River Abstract & Guaranty Co., 142 Fla. 528, 195 So. 195 (1940).
The judgment of the District Court is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Blalock v. Elliot L. Richardson, 483 F.2d 773 (4th Cir. 1972)
-
Ferrell v. Gardner, 406 F.2d 1084 (4th Cir. 1969)
-
Daniel v. Finch, 427 F.2d 896 (4th Cir. 1970)
Authorities Cited
- Sickler v. Indian River Abstract & Guar. Co., 142 Fla. 528 (Fla. 1940)