Berlin v. Jacobs
| Decision Date | 27 November 1945 |
| Citation | 24 So.2d 717,156 Fla. 773 |
| Parties | BERLIN et ux. v. JACOBS et al. |
| Court | Florida Supreme Court |
Rehearing Denied Jan. 7, 1946.
McKay, Dixon & DeJarnette, of Miami, and H. H. Wells, of Tallahassee, for petitioners.
Harry Gordon, of Miami Beach, and Parker & Foster, of Tallahassee, for respondents.
We think that Sec. 708.07, Fla. Statutes 1941, F.S.A., is applicable and controls in this case. Except for this statute it is quite evident that in equity and good conscience Mrs. Gertrude Berlin should be required to perform the contract, but Sec. 708.07, supra, specifically provides that 'No agreement for the sale or conveyance of her real property or for relinquishment of dower, shall be specifically enforced unless it be executed and acknowledged in the form prescribed for conveyances of her real property and for relinquishment of dower'.
Chapter 21932, Acts of 1943, F.S.A. §§ 708.08 to 708.10, in nowise, in our opinion, repeals, supersedes or changes the above provision of Sec. 708.07, Fla. Statutes 1941.
In Sec. 3 of Chapter 21932, supra, it is specifically provided that this act shall not be construed as '(a) * * * (b) * * * (c) abolishing dower or any of the incidents thereof'. This statute did not attempt to amend or supersede Sec. 708.07, supra, in so far as the latter statute requires contract or agreement for the sale or conveyance of her real property or for relinquishment of dower to be executed and acknowledged in the form prescribed for conveyances of her real property and for relinquishment of dower to make such contract subject to being specifically enforced.
Unless a contract is so executed and acknowledged by the married woman the court is without authority or power to require specific performance of the contract. See Rose v. Henderson, 63 Fla. 564, 603, 59 So. 138; Steinberg v. Alter, Fla., 20 So.2d 911; Rundel v. Gordon et al., 92 Fla. 1110, 111 So. 386.
So it appears to us that the certiorari should be granted and the order of the court below be quashed.
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Williams v. Noel, 58-87
...for sale of her property is not enforceable against her unless signed by her before two subscribing witnesses. See Berlin v. Jacobs, 156 Fla. 773, 24 So.2d 717; Dixon v. Clayton, Fla.1950, 44 So.2d 76; Zimmerman v. Diedrich, Fla.1957, 97 So.2d 120; and Lindgren v. Van Fleet, Fla.App.1958, 1......
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Lindgren v. Van Fleet, 57-75
...however, by the provisions of section 708.07, Fla.Stat., F.S.A., and the opinions and decisions of our Supreme Court in Berlin v. Jacobs, 156 Fla. 773, 24 So.2d 717, Dixon v. Clayton, Fla.1950, 44 So.2d 76, and Zimmerman v. Diedrich, Fla.1957, 97 So.2d 120, to the conclusion that the challe......
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Davis v. Fat Man's Bar-B-Que of Tallahassee, Inc., BAR-B-QUE
...line of decisions beginning with Ohio Butterine Co. et al. v. Hargrave, 79 Fla. 458, 84 So. 376, and concluding with Berlin v. Jacobs et al., (156 Fla. 773) 24 So.2d 717, this court has held that on account of the unity of interest of husband and wife in an estate by the entireties neither ......
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Miller v. Phillips
... ... prescribed for conveyance of her separate property, was not ... affected by the enactment of Chapter 21932. Berlin et ux ... v. Jacobs et al., Fla., 24 So.2d 717 ... We upheld this law ... in Taylor v. Dorsey, 155 Fla. 305, 19 So.2d 876, but ... the ... ...