Security First Federal Savings & Loan Ass'n v. Broom, Cantrell, Moody & Johnson

38 Fla. Supp. 2d 84
CourtCircuit Court for the Judicial Circuits of Florida
DecidedApril 20, 1989
DocketCase No. 88-3824-CA
StatusPublished

This text of 38 Fla. Supp. 2d 84 (Security First Federal Savings & Loan Ass'n v. Broom, Cantrell, Moody & Johnson) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Security First Federal Savings & Loan Ass'n v. Broom, Cantrell, Moody & Johnson, 38 Fla. Supp. 2d 84 (Fla. Super. Ct. 1989).

Opinion

OPINION OF THE COURT

PETER L. DEARING, Circuit Judge.

FINAL SUMMARY JUDGMENT FOR DEFENDANTS

This cause came before the Court on the motion of plaintiff, Security First Federal Savings & Loan Association (“Security First”), for partial summary judgment and the motion of defendants, Broom, Cantrell, Moody & Johnson, et al. (“the Broom firm”), for summary judgment. [85]*85The Court has conducted a hearing to which counsel for both parties have presented extensive argument and the Court has also considered the entire record, including all affidavits, depositions and pleadings on file. The Court now addresses the arguments raised in the respective motions for summary judgment:

1. Security First has moved for partial summary judgment contending that the two-year statute of limitations regarding actions against professionals, F.S. §95.11(4)(a) (1987), does not apply to this case because real estate appraisers are not “professionals” within the meaning of the statute of limitations. The Broom firm has filed a cross-. motion for summary judgment, contending that, as a matter of law, they were “professionals” within the meaning of the statute of limitations and, therefore, the two-year statute applies to this case.

Security First relies upon the Florida Supreme Court’s decision in Pierce v AALL Insurance, Inc., 531 So.2d 84 (Fla. 1988), to argue that an appraiser is not a professional as defined in the statute of limitations because there is no requirement that an appraiser, to be licensed under the laws of Florida, possess a four-year university level degree. The Court agrees that a four-year college degree is not required to call oneself an “appraiser” in Florida (indeed, there is no specific licensing requirement for appraisers in Florida). However, the uncontroverted facts demonstrate that Security First required its appraisals to be done by a member of the American Institute of Real Estate Appraisers, (an “MAI”). John Adams, the Chief Appraiser for Security First, has confirmed this by affidavit. The evidence of record shows that MAI appraisers are subject to rigorous standards of education, experience, good moral character and integrity, including the requirement of a four-year college degree. Additionally, an MAI appraiser must successfully complete numerous appraisal courses sponsored by the Appraisal Institute and a minimum of five years creditable appraisal experience, three of which must be in a specialized appraisal area. There are presently only 393 MAIs in the State of Florida according to an affidavit from the Executive Secretary of the American Institute of Real Estate Appraisers. Thus, “[i]t is this specialized education and academic preparation which . . . distinguishes” MAI appraisers from other appraisers. Pierce, 531 So.2d at 87-88.

Moreover, MAI appraisers are subject to the Code of Professional Ethics and Standards of the Professional Practice of the American Institute of Real Estate Appraisers. As such, MAI appraisers are subject to disciplinary procedures based upon the Code of Professional Ethics. Thus, MAI appraisers also meet Pierce’s requirement that [86]*86“professionals” be “guided by a code of ethics or standard of moral conduct.” Id. at 88.

Security First required that the subject appraisal be conducted by an MAI appraiser and, further, Security First reviewed the subject appraisal to determine if the methodology was consistent with that of MAI appraisals. Thus, Security First itself recognized the distinction between a non-MAI appraiser and an MAI appraiser and required that the subject appraisal be conducted by an MAI appraiser. Finally, the subject appraisal states that it was prepared in accordance with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the American Institute of Real Estate Appraisers, the governing body of MAI appraisers.

Where the State has not established a specific licensing requirement, but the parties agree that the services may only be performed by someone who has the requisite specialized education, academic training and certification which meet the terms of the Supreme Court’s holding in Pierce, that individual should be deemed a “professional” for purposes of the statute of limitations.

Therefore, the Court holds that the relevant “profession” is that of MAI appraisers and that under the holding of the Florida Supreme Court in Pierce, MAI appraisers are “professionals” and actions against them are governed by the two-year statute of limitations.

2. The second ground raised by defendants’ motion for summary judgment is that the amended complaint alleges only errors of judgment with respect to the preparation of the subject appraisal. There is no allegation or evidence that defendants committed errors of fact in the appraisal. The thrust of the complaint is that defendants improperly and negligently selected comparable properties (Amended Company, paragraph 17) and, therefore, failed to “provide a true and accurate appraisal of the fair market value of the Southern Grove property” (Amended Complaint, paragraph 28).

The uncontradicted testimony is that there is no established definition of “comparables” and that analyzing the comparability of properties is a matter of the appraiser’s judgment. Security First has filed the affidavit of Duncan Ennis, an MAI appraiser, who in 1989, performed an appraisal of the subject property with an “as of’ value date which is the same as that of the subject appraisal. Mr. Ennis has reached an opinion of value which is far lower than that contained in the subject appraisal. Security First has also filed the affidavit of another expert, William Weaver. Mr. Weaver does not state that there were any factual errors in the performance of the subject appraisal; again, he merely [87]*87states that he disagrees with the selection of comparables made by the Broom firm.

However, the mere fact that another appraiser may disagree with the judgment used by the Broom firm in selecting comparables does not make the Broom firm’s appraisal actionable. Although there appear to be no Florida cases addressing the standards applicable in an action against an appraiser, the Court is persuaded by the law in the related areas of legal malpractice which holds that

“[a]n attorney who acts in good faith and in an honest belief that his advice and acts are well founded and in the best interest of his client is not answerable for a mere error of judgment or for a mistake in a point of law which has not been settled by the court of last resort in his State and on which reasonable doubt may be entertained by well-informed lawyers.” Kaufman v Stephen Cahen, P.A., 507 So.2d 1152, 1153 (Fla. 3d DCA 1987), quoting, Hodges v Carter, 239 N.C. 517 (1954) (emphasis added). See, Dillard Smith Construction Co. v Greene, 337 So.2d 841, 843 (Fla. 1st DCA 1976) (“[the lawyers’] contractual interpretations, rendered in the exercise of judgment, in good faith and with the degree of knowledge and skill ordinarily possessed by other lawyers similarly situated, do not become actionable simply because a court later rules against his client”).

Finally, the Court notes that the testimony of Security First’s own former Chief Appraiser, John Adams, supports the Broom firm’s position. Mr. Adams, an MAI appraiser, authored a memorandum in which he states that the Broom firm has prepared an “Estimate of Undeveloped Land

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Related

Kaufman v. Stephen Cahen, PA
507 So. 2d 1152 (District Court of Appeal of Florida, 1987)
George v. Federal Land Bank of Jackson
501 So. 2d 432 (Supreme Court of Alabama, 1986)
Pierce v. AALL Ins. Inc.
531 So. 2d 84 (Supreme Court of Florida, 1988)
Hodges v. Carter
80 S.E.2d 144 (Supreme Court of North Carolina, 1954)
First Am. Title Ins. Co. v. ERSKINE FLORIDA PROP., INC.
528 So. 2d 1229 (District Court of Appeal of Florida, 1988)
Dillard Smith Const. Co. v. Greene
337 So. 2d 841 (District Court of Appeal of Florida, 1976)
Uvanile v. Denoff
495 So. 2d 1177 (District Court of Appeal of Florida, 1986)

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Bluebook (online)
38 Fla. Supp. 2d 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/security-first-federal-savings-loan-assn-v-broom-cantrell-moody-flacirct-1989.