Legal Opinion

Woodruff v. Taylor

District Court of Appeal of Florida

Decided March 23, 1960No. 1278PublishedCited by 6 opinions

1Opinion of the Court

KANNER, Judge.

The chancellor entered an order granting a motion to dismiss the complaint. The object of the relief sought is to quiet title to certain real property. The appeal is interlocutory and emanates from the court’s ruling granting the motion to dismiss.

Essentially, a complaint to quiet title to real property against an alleged cloud upon it should allege sufficient facts to present a justiciable matter to a court of competent jurisdiction. Such complaint should not only show title in the plaintiff to the land in controversy but also that a cloud exists before relief can be rendered…

2Cases cited3 opinions

  1. Tibbetts v. OlsonSupreme Court of Florida · 1926
  2. Brecht v. Bur-Ne Co.Supreme Court of Florida · 1926
  3. Stark v. FrayerSupreme Court of Florida · 1953

3Cited by6 opinions

  1. John D. Mays and Laura F. Mays, His Wife v. Claude R. Kirk, Jr., as GovernorCourt of Appeals for the Fifth Circuit · 1969
  2. Helman v. Udren Law Offices, P.C.District Court, S.D. Florida · 2014
  3. Stahl v. WilsonDistrict Court of Appeal of Florida · 1960
  4. Erick Van Loan v. Heather Hills Property Owners Association, Inc.District Court of Appeal of Florida · 2016
  5. Singhal v. Unison Agreement Corp.District Court, S.D. Florida · 2023

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