M. Lucius WALKER et ux., Appellants, v. CITY OF JACKSONVILLE, and Ulysses C. Glover, Appellees, 360 So. 2d 52

Summary

An eminent domain proceeding was instituted by appellee city, wherein appellants and appellee undertaker both claimed ownership of the property. The facts suggested that a warranty deed was delivered by appellants to appellee undertaker, but the deed was not witness or recorded. The trial court determined, however, that appellee undertaker was the fee simple owner of the parcel. On appeal, the court noted that Fla. Stat. ch. 689.01 required that an interest in land be conveyed by instrument in writing, signed in the presence of two subscribing witnesses by the party conveying. It also specifically provided that a conveyance could not have been accomplished in any other manner. Because the deed was not witnessed, the instrument executed by appellants was insufficient under Florida law to convey title to appellee undertaker. Therefore, the judgment of the trial court was reversed and remanded.