Albert Brick, Individually and as Trustee v. Okaloosa Title and Abstract Co., Inc.

Fifth Circuit

Albert Brick, Individually and as Trustee v. Okaloosa Title and Abstract Co., Inc.

404 F.2d 889

Court of Appeals for the Fifth Circuit·Decided December 5, 1968·No. 26121·Published

Opinion

PER CURIAM:

This is an appeal from the judgment of the District Court dismissing count two of appellant’s amended complaint because the substance of the complaint gave rise to liability in contract rather than tort and, further, dismissing the complaint upon the grounds of prescription.

It is well settled under Florida law that an action against an abstractor to recover damages for negligence in making or certifying an abstract of title does not sound in tort but must be founded on contract. Sickler v. Indian River Abstract & Guaranty Co., 142 Fla. 528, 195 So. 195 (1940).

The judgment of the District Court is affirmed.

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PER CURIAM:

This is an appeal from the judgment of the District Court dismissing count two of appellant’s amended complaint because the substance of the complaint gave rise to liability in contract rather than tort and, further, dismissing the complaint upon the grounds of prescription.

It is well settled under Florida law that an action against an abstractor to recover damages for negligence in making or certifying an abstract of title does not sound in tort but must be founded on contract. Sickler v. Indian River Abstract & Guaranty Co., 142 Fla. 528, 195 So. 195 (1940).

The judgment of the District Court is affirmed.

Albert Brick, Individually and as Trustee v. Okaloosa Title and Abstract Co., Inc., 404 F.2d 889 (5th Cir. 1968).

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