Albert Brick, Individually and as Trustee v. Okaloosa Title and Abstract Co., Inc.
This text of 404 F.2d 889 (Albert Brick, Individually and as Trustee v. Okaloosa Title and Abstract Co., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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