Kovaleski v. Tallahassee Title Co.

391 So. 2d 315
CourtDistrict Court of Appeal of Florida
DecidedDecember 11, 1980
DocketSS-239
StatusPublished
Cited by3 cases

This text of 391 So. 2d 315 (Kovaleski v. Tallahassee Title Co.) 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
Kovaleski v. Tallahassee Title Co., 391 So. 2d 315 (Fla. Ct. App. 1980).

Opinion

391 So.2d 315 (1980)

Charles O. KOVALESKI, Appellant,
v.
TALLAHASSEE TITLE COMPANY and ST. Paul Fire and Marine Ins. Co., Appellees.

No. SS-239.

District Court of Appeal of Florida, First District.

December 11, 1980.

*316 Charles Friend, Tallahassee, for appellant.

Peter Guarisco, and Paul F. Hartsfield, Jr., of Watkins, Hill & Marts, Tallahassee, for appellees.

ROBERT P. SMITH, Jr., Judge.

Acquiring land through tax deeds is risky business, not for the faint-hearted. To protect landowners from the drastic consequences of being too long delinquent in paying their property taxes, the legislature has fashioned, and it tinkers with frequently enough to unnerve the experts, a complex and sometimes inscrutable statutory process which must be followed to the letter. Unless all the i's are dotted and all the t's are crossed, the tax deed which emerges from the process is no good. Never mind that the clerk mailed notice of the tax deed application to the landowner's address as currently and reliably stated on the tax rolls; the statute says the clerk should have mailed it to the owner's address as shown on his old deed, where he hasn't lived for years, so the tax deed recipe is ruined. Courts have said things like that for years, this court most recently in Weiss v. Prudential Enterprises, Inc., 387 So.2d 457 (Fla. 1st DCA 1980).[1]

The law's steady insistence on strict compliance with statutory requirements for tax deeds takes a different twist in this case. Appellant Kovaleski, fearful that the tax deed he bid and paid $950 for wasn't any good, and that both the land and his new improvements costing $5,800 would surely be lost to the former record titleholders who weren't notified of the tax sale, paid them another $6,000 to acquire their interest. Then he sued the appellee abstractor for negligently omitting those owners from the report of title search made for the tax collector. The circuit court said Kovaleski loses because the strict requirements for a tax deed were fully complied with, Kovaleski's tax deed was good, the former owners were shut out, Kovaleski's payment to them was voluntary and unnecessary, and the abstractor's negligence if any was not a legal cause of damage to Kovaleski. We agree.

On Kovaleski's prior appeal from an order dismissing with prejudice his third amended complaint, we held he had sufficiently stated a cause of action against Tallahassee Title for alleged negligence in omitting the beneficial interest of Shaw and Chestnut from a title abstract prepared for the tax collector's use in certifying to the circuit court clerk the names of titleholders and lienholders to be notified of the tax deed application. Kovaleski v. Tallahassee Title Co., 363 So.2d 1156 (Fla. 1st DCA 1978). The issue on that appeal was whether Kovaleski, who was not privy to the tax collector's transaction with Tallahassee Title, adequately pleaded that he *317 justifiably relied on the negligently-prepared abstract in buying the tax deed and improving the property, only then to discover the interest of Shaw and Chestnut, to whom Kovaleski paid a substantial sum to clear his title. The court held, 363 So.2d at 1161:

The abstracter certainly knew that its preparation of the title search was not for the benefit only of the tax collector with whom it contracted or of any tax certificate holders, but either knew or should have known that the law permitted the property upon which the title search was prepared to be sold for cash to the highest bidder at public auction. Section 197.266. It was therefore foreseeable that the person who successfully bid the property would rely upon the abstract in making his bid, and that any negligent omission of a preexisting interest from the abstract could cause injury to such person. We consider plaintiff's complaint, as finally amended, stated a cause of action.

On remand the circuit court held by summary judgment that Tallahassee Title's omission of the Shaw and Chestnut interest from the report of title search (which was revealed by the proofs not to be, strictly speaking, an "abstract" of title) was not a legal cause of Kovaleski's loss to Shaw and Chestnut. We agree with the circuit court that Kovaleski's title by tax deed was sound against any adverse claim by Shaw and Chestnut arising from the omission of their names, address, and legal interest from the search report and the tax collector's certification, and their consequent omission from the clerk's notice of sale. It follows that Kovaleski's alleged loss, consisting of his payment to Shaw and Chestnut for the release of their claimed interest, was damage self-inflicted without legal injury proximately caused by Tallahassee Title's asserted negligence.

The Leon County tax rolls for 1975 and at least two earlier years assessed the subject land to E.L. and J.S. Simpson, who did not pay the taxes for 1973, 1974, and 1975. In May 1974 a Dr. Hunt purchased a tax certificate issued for nonpayment of the 1973 and 1974 taxes, and in the Spring of 1976 Hunt paid the delinquent 1975 taxes and applied for a tax deed. Then, in order to certify to the circuit court clerk the names and addresses of the persons whom the clerk was required to notify of the tax deed application, Sections 197.241(2), 197.256(1), Florida Statutes (1977), the tax collector engaged Tallahassee Title, for $25, to provide a title search and report.

In conducting its search for information required by the tax collector, Tallahassee Title undertook what its manager termed a "title search," which for present purposes may be described as a search of the recent Official Records and other selected public records for the recent history and present status of the record title. [We need not linger over Tallahassee Title's differentiation of its "title search" from its more thorough and fully documented "abstract" search, nor need we distinguish Tallahassee Title's report of title search from its more formal certificate of title insurance, or from a lawyer's opinion of title. Whatever else Tallahassee Title was requested to or intended to discover and report, Tallahassee Title's manager conceded that the Shaw and Chestnut record title, described below, should have been discovered and reported.] After completing its search, Tallahassee Title reported in a letter to the tax collector that the last significant instrument of record affecting the property was an "escrow agreement" between E.L. and J.S. Simpson and the former titleholder, Rowan, who was reported deceased although-and this statement is inaccurate-"no probate [is] recorded in Leon County." In the report's conclusion only the Simpsons, of "Williams Landing Road, Tallahassee," and tax certificate holder Hunt were listed as "appear[ing] to have an interest in the captioned property."

The tax collector engaged Tallahassee Title to conduct a title search because the collector's duties were as specified in Section 197.241(2), Florida Statutes (1977):

Any certificate holder ... making application for a tax deed shall pay the collector *318 all amounts required for redemption or purchase of all other outstanding tax certificates, plus interest, any omitted taxes, plus interest, and delinquent taxes, plus interest, covering the land. .. . The tax collector shall then deliver to the clerk of the circuit court a statement certifying the names and addresses of all persons the clerk is required by law to notify prior to the sale of the property....

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Saada v. Dawson
573 So. 2d 1008 (District Court of Appeal of Florida, 1991)
Stagen v. Stewart-West Coast Title Co.
149 Cal. App. 3d 114 (California Court of Appeal, 1983)
Harden v. Kos
432 So. 2d 786 (District Court of Appeal of Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
391 So. 2d 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kovaleski-v-tallahassee-title-co-fladistctapp-1980.