Dade Federal Savings & Loan Ass'n v. Miami Title & Abstract Division of American Title Insurance

217 So. 2d 873, 1969 Fla. App. LEXIS 6405
CourtDistrict Court of Appeal of Florida
DecidedJanuary 14, 1969
DocketNo. 68-397
StatusPublished
Cited by10 cases

This text of 217 So. 2d 873 (Dade Federal Savings & Loan Ass'n v. Miami Title & Abstract Division of American Title Insurance) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dade Federal Savings & Loan Ass'n v. Miami Title & Abstract Division of American Title Insurance, 217 So. 2d 873, 1969 Fla. App. LEXIS 6405 (Fla. Ct. App. 1969).

Opinion

PIERCE, WILLIAM C., Associate Judge.

This is an appeal by appellant Dade Federal Savings and Loan Association, a United States corporation, from a final declaratory judgment entered by the court below in a suit therein filed by Miami Title & Abstract Division of American Title Insurance Company, a Florida corporation, against Dade Federal and also against E. B. Leatherman, as Clerk of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida.

Prior to 1953 the Circuit Clerks were official custodians of specified books and dockets wherein various legal instruments were required to be recorded. One of these books was a Judgment Lien Record Book. F.S. § 28.21(11) F.S.A. In 1953 the legislature enacted Chap. 28033, brought forward in the compilations as F.S. § 28.221 F.S.A., which provided that the Clerks could keep one recordation book to be known as the Official Record Book “in lieu of the separate books” otherwise required to be kept for recording purposes by § 28.21. Section 28.221 was permissive, not mandatory, but most of the Clerks’ offices in the State, including the Dade County Circuit Clerk, have installed such Official Record Book because of its obvious convenience and simplification. These statutory provisions are set forth in the margin.1

Before F.S. 1967, § 55.10 F.S.A. provided in effect that, in order for a judgment or decree of any of the courts of the State to be a lien on real estate, a “certified transcript” thereof must be recorded in the Judgment Lien Book (F.S. § 28.21(11) F. S.A.) or the Official Record Book (F.S. § 28.221 F.S.A.), as the case may be, of the county wherein the property is located.

The legislature in 1967, by Chap. 67-254, Sec. 9, amended § 55.10 to provide in substance that, in order' to be a lien on real estate in the county where rendered, such “judgment and decree” must be recorded in the “proper record” of that county; but that, as to judgments or decrees from other counties, a “certified copy thereof” sufficed for such recordation. The original [876]*876F.S. § 55.10 F.S.A. and also the 1967 amendment are set out in the margin.2

On January llj 1968, Miami Title filed complaint in the Dade County Circuit Court for a declaratory judgment, the purpose of which was to secure a judicial determination of the legal effect of said 1967 amendment upon § 55.10 and also upon F.S. § 28.-21(11) F.S.A. and F.S. § 28.221(1), (3), (4), and (5) F.S.A. All three parties to the action joined in requesting the declaratory decree and expressed doubt as to the 1967 amendatory act in two particulars: (1) whether the words “judgment or decree” may be properly construed to mean a certified copy, and (2) what is the “proper record” book wherein such judgment or decree, or certified copy, must be recorded in order to become a lien on the' judgment debtor’s real estate in the county? We will determine these two questions seriatim.

(1) Construction of the words "Judgment or decree”.

Before the 1967 amendment, F.S. § 55.10 F.S.A. provided in substan.ee that a judgment or decree would be a lien on the judgment debtor’s real estate in the county upon a certified transcript’ thereof being recorded in the appropriate record book provided for such purpose in the Clerk’s office in such county, regardless of what county the judgment was entered in. The 1967 amendment provided that the lien would so attach to such real estate in the county “when the judgment or decree is recorded in the proper record” of the’ county where rendered; and that as to judgments or decrees entered in other counties, upon a certified copy thereof being recorded - in the proper record book of the county where the real estate is located.

A reading of original § 55.10, as compared with a literal reading of. the 1967 amendment thereto, discloses three things: (1) under original § 55.10 a certified transcript of the judgment must be recorded in the appropriate record book of the county, whether the same county where rendered or another county, in order' for it to be a lien on the judgment debtor’s real estate in the county where so recorded; (2) under the 1967 amendment, the judgment or decree itself must be recorded in the proper record book of the county where rendered and where the property is; but (3), as to a judgment or decree from any other county, a certified copy must be recorded in the proper record book in the county where the realty is located.

The foregoing presents an incongruous anomaly, stemming from the fact that,, literally read, in order for a judgment to be a lien on the judgment debtor’s real estate in the county where the judgment is rendered, the judgment itself, rather than a certified copy thereof, must be recorded (or more accurately, re-recorded) in the’ separate lien recordation book of such county.

This confusing situation, however, may be resolved if the phrase “judgment or decree” in the 1967 amendment may be judicially construed to mean a certified copy thereof. We find no difficulty in so holding.

[877]*877The cardinal rule in the construction of every statute is to ascertain the legislative intent in the enactment of the law. The legislative intent is the guiding factor and overriding precept inherent in every statute. And when such intent has once been ascertained, it must be given effect, even if' it appears to be contradictory to the strict wording of the statute, or to other rules of construction. City of Ft. Lauderdale v. Des Camps, Fla.App 1959, 111 So.2d 693; In re: Blankenship’s Estate, Fla.App.1959, 114 So.2d 519; In re: Jeffcott’s Estate, Fla.App.1966, 186 So.2d 80; State ex rel. Hughes v. Wentworth, Fla.1938, 185 So. 357.

No literal interpretation should be given a statute which leads to an unreasonable or ridiculous conclusion or result obviously not designed by the legislators. State ex rel. Florida Industrial Commission v. Willis, Fla.App.1960, 124 So.2d 48; State v. Sullivan, 1928, 95 Fla. 191, 116 So. 255.

And in construing a statute, the court will consider not only the language or words used in the statute, but also its history, its legislative setting, the subject matter on which the statute operates, the evil to be corrected, and the objects to be obtained; all of which are as much a part of the law as the words themselves. Singleton v. Larson, Fla.1950, 46 So.2d 186; George v. State, Fla.App.1967, 203 So.2d 173.

In the George case, supra, the 2nd District Court had before it a case involving the proper construction of the word “payee” in a statute denouncing the offense of obtaining property in return for a worthless check. That court, in an opinion authored by the writer, held that the word “payee” must be given a sensible construction, in harmony with the palpable intendment of the legislature, so as to include any person to whom the bad check is knowingly given “if the latter is the one parting with the property” for which the check is exchanged. In discussing the applicable law underlying such construction, the court, beginning on page 175, said:

“The intent of a legislative act, as deducible from its language and legislative setting, is as much a part of the law as the words themselves, Pillans & Smith Co. v. Lowe, 1934, 117 Fla. 249, 157 So. 649, and in determining that legislative intent, the subject matter on which the statute' operates

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217 So. 2d 873, 1969 Fla. App. LEXIS 6405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dade-federal-savings-loan-assn-v-miami-title-abstract-division-of-fladistctapp-1969.