IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE-2023 LEGISLATION
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The Florida Supreme Court adopted a new civil procedure form (Form 1.925) for complaints to quiet title based on fraudulent conveyance allegations, implementing statutory procedures created by 2023 legislation.
The Court adopted new Form 1.925 as proposed by the Civil Procedure Rules Committee. The form is a simplified complaint form for quiet title actions based on fraudulent attempted conveyance allegations under section 65.091, Florida Statutes, effective immediately upon release of the opinion.
[1] A new form for a complaint to quiet title based on a fraudulent attempted conveyance allegation is adopted in response to statutory changes.
[2] A new form for a complaint to quiet title based on a fraudulent attempted conveyance allegation becomes effective immediately upon the release of the judicial opinion ado…
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Join FLexlaw to unlock all legal intelligence“New form 1.925 is a simplified form for the filing of a complaint to quiet title based on a fraudulent attempted conveyance allegation.”
Describes the purpose and nature of the adopted form.
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Join FLexlaw to unlock all legal intelligenceThe Florida legislature enacted section 65.091, Florida Statutes (2023), effective July 1, 2023, establishing a summary procedure for actions to quiet…
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PER CURIAM.
The Florida Bar's Civil Procedure Rules Committee has filed a report proposing the adoption of new form 1.925 (Complaint to Quiet Title).¹
The proposal is in response to the enactment of section 65.091, Florida Statutes (2023), which established the right to a summary procedure in actions to quiet title based on a fraudulent attempted conveyance allegation and went into effect on July 1, 2023. See ch. 2023-238, §§ 3, 6, Laws of Fla. The Committee and the Board of Governors approved the proposed new form. The
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
Court published the proposal for comment. No comments were received.
Having considered the Committee's report, we adopt new form 1.925 as proposed by the Committee. New form 1.925 is a simplified form for the filing of a complaint to quiet title based on a fraudulent attempted conveyance allegation.
Accordingly, new form 1.925 is adopted as reflected in the appendix to this opinion. New language is indicated by underscoring. The new form shall become effective immediately upon the release of this opinion.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Civil Procedure
Cosme Caballero, Chair, Civil Procedure Rules Committee, Miami, Florida; Judson Lee Cohen, Past Chair, Civil Procedure Rules Committee, Miami Lakes, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
APPENDIX
FORM 1.925. COMPLAINT TO QUIET TITLE
COMPLAINT TO QUIET TITLE BASED ON FRAUDULENT CONVEYANCE UNDER SECTION 65.091, FLORIDA STATUTES
The plaintiff(s), ____________________________________, sue(s) defendant(s), ________________________________________________, defendant's unknown spouse, heirs, devisees, grantees, judgment creditors, and all other parties claiming by, through, under, or against defendants or parties or claiming to have any right, title, or interest in the property described in this complaint, and alleges:
(1) This is an action to quiet and confirm title of plaintiff in and to lands located in ____________________ County, Florida.
(2) Plaintiff owns the following real property: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________
(3) Plaintiff shows entitlement to (deraigns) title as follows (must show chain of title for at least the past 7 years): ________________________________________________________________ Plaintiff obtained ownership by deed or instrument dated _______________, recorded on ____________, in official records book ____________, page ____________ of the public records of ____________________ County, Florida. The property description in that deed is as follows: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________
(4) The deed or instrument purported to have been signed by plaintiff(s), or purporting to convey the property to defendant(s), dated ____________, recorded ____________, in official records book ____________, page
____________ of the public records of ____________________ County, Florida, is fraudulent.
(5) Plaintiff did not execute the deed and has not conveyed the property to any person since obtaining the conveyance(s) described in paragraph (3).
(6) The deed or instrument described in paragraph (4) did not convey title to defendant because the grantor had no title, but the recording of the deed casts a cloud on plaintiff's title.
WHEREFORE, the plaintiff(s) respectfully request (requests) the court to enter an order to quiet title in and award the plaintiff(s) with the same title and rights to the land that the plaintiff enjoyed before the attempted conveyance.
Date: ____________________
Plaintiff ____________________________________ Address ____________________________________ City, State, Zip Code ____________________________________ Phone ____________________________________ E-mail address ____________________________________ (Include signature for each Plaintiff)