Booth v. Board of Public Instruction of Dade County

CourtUnited States State Supreme Court of Florida
Writing for the CourtHOBSON; ROBERTS
Citation67 So.2d 690
PartiesBOOTH v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY et al.
Decision Date30 October 1953

Page 690

67 So.2d 690
BOOTH

v.
BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY et al.
Supreme Court of Florida, Division B.
Oct. 30, 1953.

Mallory H. Horton, Miami, for appellant.

Boardman, Bolles & Kates, Miami, for appellees.

HOBSON, Justice.

On January 12, 1953, appellant, Cora Alice Booth, sued to quiet title to two described parcels of Dade County realty. In her verified complaint, she alleged that she deraigned her title to Parcel A of the property from a tax deed to the Security Land Company dated May 1, 1916, and to Parcel B of the property from a tax deed to the Sun Land Company dated November 15, 1918, that she was in possession of the property, had paid the taxes, and had made improvements thereon.

Defendant-appellee Board of Public Instruction of Dade County, Florida filed an answer in which it alleged, inter alia, that title to a large tract which included the property described as Parcel A had been vested in the Board of Public Instruction

Page 691

at the time of issuance of the tax deed and was not subject to taxation, and that the tax deed was therefore void. The answer also denied that Parcel A had been improved, but alleged that it was unimproved and wild land. With its answer, defendant-appellee filed a motion for summary final decree, asking that title to Parcel A be quieted in it. Two affidavits accompanied this motion. The first affidavit is by an attorney, and appears to concern Parcel B of the land, since it refers to the 1918 tax deed to the Sun Land Company. The second affidavit is by the Assistant Supervisor in Charge of Business Affairs for the defendant-appellee, and states that the property is unimproved except for a 'dilapidated shack'.

After hearing, defendant-appellee's motion was granted, and a summary final decree entered, quieting the movant's title in Parcel A and declaring the 1918 tax deed to the Sun Land Company, which was alleged in the complaint to have conveyed Parcel B, null and void. The final decree did not refer to the 1916 deed to the Security Land Company, and made no finding as to whether the property, title to which was quieted in the Board of Public Instruction, was improved or unimproved, but concluded that the equities were with the said Board, and that it was not estopped to claim title.

Upon this state of the record, the conclusion that there was 'no genuine issue as to any material fact' under 31 F.S.A. Equity Rule 40(c) could not have been validly reached, and it is therefore too...

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7 practice notes
  • Boettcher v. IMC Mortg. Co., No. 2D03-3101.
    • United States
    • Court of Appeal of Florida (US)
    • May 12, 2004
    ...a motion for summary judgment. See Rinzler v. Carson, 262 So.2d 661, 665 (Fla.1972); Booth v. Bd. of Pub. Instruction of Dade County, 67 So.2d 690, 691 (Fla.1953). However, in order to be so considered, the allegations of the verified complaint must meet the requirements of the rule governi......
  • Holcomb v. Department of Corrections, No. 92-288
    • United States
    • Court of Appeal of Florida (US)
    • December 7, 1992
    ...the same dignity as the moving party's affidavit. See Rinzler v. Carson, 262 So.2d 661 (Fla.1972); Booth v. Board of Public Instruction, 67 So.2d 690 (Fla.1953). In essence the appellant is arguing that his case was in the same procedural posture as a motion for summary judgment in a civil ......
  • Rinzler v. Carson, No. 41065
    • United States
    • United States State Supreme Court of Florida
    • May 3, 1972
    ...motion for summary judgment and must be treated as a counter-affidavit. Booth v. Board of Public Instruction of Dade County, Fla., 1953, 67 So.2d 690. Therefore, the trial court's judgment cannot be upheld on the theory that there was no justiciable issue of fact in the Appellant contends t......
  • Ham v. Heintzelman's Ford, Inc., No. 71--303
    • United States
    • Court of Appeal of Florida (US)
    • December 10, 1971
    ...with the affidavit supporting defendant's motion for summary judgment. See Booth v. Board of Public Instruction of Dade County, Fla.1953, 67 So.2d 690. It might be well to observe that defendant's reference to the existence of a 'paper issue' is not applicable. See Page v. Staley, supra. Co......
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7 cases
  • Boettcher v. IMC Mortg. Co., No. 2D03-3101.
    • United States
    • Court of Appeal of Florida (US)
    • May 12, 2004
    ...a motion for summary judgment. See Rinzler v. Carson, 262 So.2d 661, 665 (Fla.1972); Booth v. Bd. of Pub. Instruction of Dade County, 67 So.2d 690, 691 (Fla.1953). However, in order to be so considered, the allegations of the verified complaint must meet the requirements of the rule governi......
  • Holcomb v. Department of Corrections, No. 92-288
    • United States
    • Court of Appeal of Florida (US)
    • December 7, 1992
    ...the same dignity as the moving party's affidavit. See Rinzler v. Carson, 262 So.2d 661 (Fla.1972); Booth v. Board of Public Instruction, 67 So.2d 690 (Fla.1953). In essence the appellant is arguing that his case was in the same procedural posture as a motion for summary judgment in a civil ......
  • Rinzler v. Carson, No. 41065
    • United States
    • United States State Supreme Court of Florida
    • May 3, 1972
    ...motion for summary judgment and must be treated as a counter-affidavit. Booth v. Board of Public Instruction of Dade County, Fla., 1953, 67 So.2d 690. Therefore, the trial court's judgment cannot be upheld on the theory that there was no justiciable issue of fact in the Appellant contends t......
  • Ham v. Heintzelman's Ford, Inc., No. 71--303
    • United States
    • Court of Appeal of Florida (US)
    • December 10, 1971
    ...with the affidavit supporting defendant's motion for summary judgment. See Booth v. Board of Public Instruction of Dade County, Fla.1953, 67 So.2d 690. It might be well to observe that defendant's reference to the existence of a 'paper issue' is not applicable. See Page v. Staley, supra. Co......
  • Request a trial to view additional results

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