Florida/Georgia Personal Injury & Workers Compensation

...of November 7, 1975 Deposition of Zeda Barnes Davis, at 12; Record on Appeal at 282. [4] The problem of documents filed in only the probate file not according constructive notice has since been corrected. Probate documents affecting or describing real property must now be filed in the Official Records. § 28.223, Fla....

...For unexplained reasons, the majority draws a distinction between final orders and judgments as to when they are entered. Under Casto a final judgment is entered when recorded. Under the majority view, a final order is entered when filed. Filing occurs earlier than recording and Section 28.223, Florida Statutes (1983), requires that all final orders in probate be recorded....

...ecifically required or authorized to be recorded by s. 28.222 , F.S., or by law. 5 I have not found, nor have you directed my attention to, any statutory requirement or authorization for the clerk of court to record death certificates. 6 Pursuant to s. 28.223 , F.S., the clerk of court is required to record certain probate documents, such as wills and codicils, orders revoking the probate of any wills and codicils, letters of administration, orders affecting or describing real property, final orders, and orders of final discharge filed in the clerk's office. Section 28.223 (1), F.S., states, however, that "[n]o other petitions, pleadings, papers, or other orders relating to probate matters shall be recorded except on the written direction of the court." While a copy of an official record of the death of...

...for filing to deter-mine if the requisites of the Uniform Commercial Code have been met except that statute requires clerk to insure that instrument contains a statement to the effect that the documentary stamp tax has been paid). 5 Compare , e.g ., s. 28.223 , F.S....

...rk or his designee in the absence of a statute or rule of court providing for the confidentiality of the record or rule prescribing the procedure for the release of judicial records, or a court order providing for the closure of a particular record. Section 28.223 (1), F.S., requires the clerk of the circuit court to record all wills and codicils admitted to probate, orders revoking the probate of any wills and codicils, letters of administration, orders affecting or describing real property, final orders, and orders of final discharge filed in hisoffice....

...of the opinion that probate records filed with the clerk of court are subject to disclosure to the public at reasonable times, under reasonable conditions, and under supervision by the clerk or his designee. Robert A. Butterworth Attorney General 1 Section 28.223 (2), F.S. And see, s. 28.222 (1), F.S., providing that the clerk is the county recorder of all instruments which are required or authorized by law to be recorded in the county in which the clerk serves. 2 Section 28.223 (3), F.S....