Harvey v. J & H Holdings, Inc., 74--521
| Citation | 310 So.2d 371 |
| Decision Date | 09 April 1975 |
| Docket Number | No. 74--521,74--521 |
| Court | Florida District Court of Appeals |
| Parties | Vernon D. HARVEY and Alice E. Harvey, his wife, Appellants, v. J & H HOLDINGS, INC., an Ohio Corporation for the use and benefit of Lawyers Title Insurance Corporation, a Virginia Corporation, Appellee. |
Robert C. Widman, of Diez & Dunkin, Englewood, for appellants.
John M. Dart, Jr., of the Law Offices of Arthur M. Bell, Sarasota, for appellee.
Appellants/defendants, Vernon D. Harvey and Alice E. Harvey (sellers), timely appeal an adverse final summary judgment entered by the trial court in favor of the appellee/plaintiff, J & H Holdings, Inc. (buyer), in which the sellers were ordered to pay the sum of $6,325.32, plus court cost.
This controversy initially arose out of a real estate transaction entered into between the sellers and the buyer. The precise question presented to us is whether the sellers complied with their covenant respecting the character of the title they agreed to convey. The facts are not in dispute; but, we feel it may be helpful as background to summarize them.
The sellers entered into a written sales agreement with the buyer to convey a certain parcel of land, consisting of approximately 10 acres situate in Sarasota County. The agreement, in pertinent part, provided:
. . . Sellers . . . convey title to the premises to the buyer, by a good and sufficient warranty deed, warranting title to be free and clear of all liens and encumbrances, except the water easement set forth above, restrictions and conditions of record. . . .
It was agreed between the parties that the title search would be made by Lawyers Title Insurance Corporation (title insurer). The transaction was subsequently closed without incident. The buyer took title and possession of the property. Neither the sellers nor the buyer was represented by an attorney at the closing. As was agree, title insurer issued an owners' title insurance policy to the buyer and prepared the warranty deed conveying the property. At the request of the sellers the title insurer issued a mortgagees' insurance policy in the amount of the purchase money mortgage.
After the buyer took possession, it learned that the sellers had granted an easement over this property to an abutting property owner. The easement was duly recorded among the public records of Sarasota County, for a period of about ten years prior to the date of closing. No reference or exception was made of the existence of the easement either in the owners' title insurance policy or the warranty deed signed by the sellers.
The buyer then sued the title insurer in a separate action for money damages for its negligence in failing to advise the buyer of the record easement. The result of which action was that final judgment was entered by the trial court, after jury verdict, against the title insurer in favor of the buyer in the amount of $7,825.23, which sum included $5,350 as damages to the property by virtue of the easement; $975.23 court costs, and...
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