CopyCited 38 times | Published | Supreme Court of Florida | 2004 WL 2404056
...The Prices, therefore, are only entitled to attorneys' fees in this case if a statute provides a basis for such fees. An examination of the statutory provisions even remotely implicated in this action, section
86.081, Florida Statutes (2001) (costs in declaratory judgment actions); section
65.061, Florida Statutes (2001) (quiet title actions); and section
57.041, Florida Statutes (2001) (costs in civil actions), affords no such remedy....
...An action to quiet title is an equitable proceeding. See McDaniel v. McElvy,
91 Fla. 770,
108 So. 820, 828 (1926) ("Jurisdiction over proceedings to quiet title ... is inherent in courts of equity."). An equitable action requires equitable relief. Section
65.061 of the Florida Statutes governs quiet title actions. See §
65.061, Fla. Stat. (2001). Pursuant to section
65.061 of the Florida Statutes, the court had jurisdiction to "enter judgment quieting the title and awarding possession to the party entitled thereto." §
65.061(1), Fla. Stat. (2001). Section
65.061 does not authorize the award of damages and attorneys' fees, and therefore the Prices have no statutory entitlement to such fees under this chapter....
CopyCited 15 times | Published | Supreme Court of Florida
...a trial by jury. The District Court simply rejected the Respondent's claim for a jury trial, saying that "the City has failed to demonstrate that it is a ` defendant ... in actual possession' so as to give rise to a trial by jury," citing Fla. Stat. § 65.061 and Albury v....
...Then, on May 22, 1970, the Respondent filed an amended answer and amended cross-claim against Petitioner, and on June 4, 1970, filed a demand for a jury trial on the issues of dedication and right to possession of the property, based on Fla. Stat. 65.061....
...y false Notice of Claim to Real Estate. As noted above, the Respondent was denied requests for a jury trial before and after the filing of the amended answer and counter-claims. Respondent's claim to a right to a trial by jury is based on Fla. Stat. 65.061, which reads in pertinent part as follows: "65.061....
...titioner, and granted by the trial judge. It is also contended that the evidence is irrefutable that Respondent was in actual possession of the beach for half a century, exercising exclusive domain and control thereover, thus meeting both tests of F.S. 65.061....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...Appellee, however, contends that the city charter required that the City signify its acceptance by the adoption of an ordinance. The deed with respect to Block 205 is more fully discussed, infra. [6] We have considered and rejected the City's claim for a jury trial in light of the language contained in, F.S., Section 65.061, F.S.A....
CopyCited 11 times | Published | Florida 4th District Court of Appeal
...The court issued the writ, heard argument, and, in a thorough opinion, affirmed the District Court's decision except for that part which affirmed the denial of the city's motion for a jury trial. The Supreme Court reasoned that the city was a "defendant in actual possession" as that term is used in Section 65.061, Florida Statutes (1973), and, therefore, the city was entitled to a jury trial "on the issues of dedication and actual possession of the property......
...It is true that the actual holding in Hollywood appears to send the case back for a new trial principally on the issue of common law dedication. Nonetheless the opinion is replete with references to the concomitant presence of adverse possession, prescriptive rights, adverse user, quieting title under Chapter 65.061 of the Florida Statutes and "actual" possession....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...Appellants, plaintiffs in the trial court, brought suit to quiet title against defendants, appellees here. We will refer to the parties as they appeared in the trial. Defendants moved to transfer the cause to the law side asking for a trial by jury pursuant to what is now Fla. Stat. § 65.061 (1967), F.S.A....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2002 WL 562290
...We conclude that the trial court's action in precluding the Hintons from participating, notwithstanding the fact that no default was entered in either proceeding, an abuse of discretion. It is apparent that the trial court quieted title in Lerner under an assumption that there had previously been a default. Under section 65.061(4), Florida Statutes (1999), governing quieting title following a default, the court need not consider whether the party in default had a valid claim. Section 65.061(4) states, in relevant part, if a default is entered against defendant (in which case no evidence need be taken), the court shall enter a judgment removing the alleged cloud from the title to the land and forever quieting title in plaintiff.... § 65.061(4), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 113838
...e action, alleging that suits to quiet title and other causes of action the object of which is action on the property or title to real property are in rem and required by the "local action rule" (LAR) to be brought in the county where the land lies. Section 65.061(2); Publix Super Markets v....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...of his constitutional right to trial by jury. Appellant's request for a trial by jury on all issues clearly entitled it to a jury trial on its ejectment claim. We think appellant was also entitled to a jury trial on its counterclaim to quiet title. Section 65.061(1), F.S....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 11954, 2007 WL 2212728
...In a common law quiet title suit under ordinary equity practice neither party would have a right to a jury trial and a jury verdict. If, on the other hand, a jury trial were accorded, the verdict would only be advisory. In some instances, however, Florida's quiet title statute specifically authorizes a trial by jury. Section 65.061(1), Florida Statutes (2003), provides in pertinent part that: ....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2013 WL 5429556, 2013 Fla. App. LEXIS 15393, 38 Fla. L. Weekly Fed. D 2077
...Although State Farm’s remedy is granted by statute, codification alone does not transform an equitable action into a legal one. The Florida legislature has codified several actions that are undeniably equitable actions without transforming them into legal actions. See e.g. § 65.061, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...The court has discretion to appoint a guardian ad litem to represent a minor child in any action for dissolution of marriage, modification, parental responsibility, custody, or visitation if it finds the appointment to be in the best interests of the child. §
61.401, Fla. Stat. (2004). In quiet title actions, section
65.061(2), Florida Statutes (2004), prohibits the appointment of a guardian ad litem unless it appears that the interests of minors and specified others are involved....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...The trial court, however, has entered an order striking the petitioners' demand for a jury trial and relief is sought from that order. [2] A suit to quiet title lies in equity, but when a defendant is in actual possession of any part of the disputed lands, the action is one for ejectment giving rise to a right to jury trial. § 65.061(1), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1988856
...Young moved to dismiss the complaint or, in the alternative, to transfer to circuit court. The court dismissed the complaint. Hampton then filed an Emergency Motion for Reconsideration which was denied. Johnson then filed the present action in circuit court to quiet title under section 65.061, Florida Statutes (2006), and for eviction....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...The dispute between the litigants as to the location of a variable boundary line involved their respective claims to ownership of the same land to some extent. The circuit court had jurisdiction over the controversy presented by the complaint, under Art. V, § 6(3) Fla. Const. F.S.A. and § 65.061 Fla....
CopyCited 1 times | Published | District Court, S.D. Florida
...which under PWC's then-existing articles of incorporation there was no quorum. Padron Depo. at 151-57. III. REALTY'S MOTION FOR SUMMARY JUDGMENT ON PWC'S CLAIMS PWC's amended complaint contains four counts: Count I is a claim, under Fla. Stat. § 65.061, to quiet title of the warehouse in favor of PWC and to transfer possession of the warehouse to PWC; Count II is for a declaratory judgment that the sale of the warehouse to Realty was ineffective and that PWC is the rightful owner; Count III is for ejectment; and Count IV is for a constructive trust....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10589, 1995 WL 595794
...him. Landon’s demand for a jury trial was timely under Florida Rule of Civil Procedure 1.430(b). “[W]hen a defendant is in actual possession of any part of [ ] disputed lands, the action is one for ejectment giving rise to a right to jury trial. § 65.061(1), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1270, 1987 Fla. App. LEXIS 8286
...Appellants initiated this suit by filing a complaint against appellee Department of Natural Resources seeking, among other remedies, to have title quieted in certain land owned by appellants and located in Gulf County. The proper venue for a quiet title action involving the land in question is Gulf County. See Section 65.061(2) and Board of Trustees of the Internal Improvement Trust Fund v....
CopyPublished | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 674, 1986 Fla. App. LEXIS 6879
participation, which he asserts was error. Section
65.061(2), Florida Statutes (1985), concerning quiet
CopyPublished | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 18462, 2005 WL 1691898
...nder PWC’s then-existing articles of incorporation — there was no quorum. Padrón Depo. at 151-57. III. Realty’s Motion for Summary Judgment on PWC’s Claims PWC’s amended complaint contains four counts: Count I is a claim, under Fla. Stat. § 65.061 , to quiet title of the warehouse in favor of PWC and to transfer possession of the warehouse to PWC; Count II is for a declaratory judgment that the sale of the warehouse to Realty was ineffective and that PWC is the rightful owner; Count III is for ejectment; and Count IV is for a constructive trust....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15089
...143 subject land from the plaintiffs to one Henry D. Williams was a forgery. The defendants claimed title under a deed from Henry D. Williams. Our examination of the record reveals that the plaintiffs sufficiently complied with the requirements of F.S. 65.061 and that Baltzell v....
CopyPublished | Florida 4th District Court of Appeal
...See Bowen v.
Specialized Loan Servicing LLC, 19-cv-2708,
2019 WL 13245285, at *2
(M.D. Fla. Dec. 5, 2019) (“[T]he fact that the title to the subject property
may have been obtained by quit claim deed is not relevant to a quiet title
action that is seeking to eliminate the improper cloud on the title.”); see
also §
65.061(2), Fla....
CopyPublished | District Court of Appeal of Florida
...Florida West Coast Land & Development Co., Fla.App.1959,
109 So.2d 413 ; Hallam v. Gladman, Fla.App.1961,
132 So.2d 198 ; Ennis v. Warm Mineral Springs, Inc., Fla.App.1967,
203 So.2d 514 ; Jonas v. City of West Palm Beach, 1918,
76 Fla. 66 ,
79 So. 438 ; and F.S.1965, Section 66.16, F.S.A. (now F.S.1967, Section
65.061(1), F.S.A.) REED and OWEN, JJ., and DOWNEY, JAMES C., Associate Judge, concur.
CopyPublished | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 181800, 2014 WL 7781199
...how plaintiff obtained title to the property; 3. the chain of title; 4. the alleged cloud or defect on title and the basis upon which defendant claims an interest in or claims the title; and 5. why defendant’s claim is not well founded. • Fla. Stat. §
65.061 (2014); Woodruff,
118 So.2d at 822 . Since quiet title is an equitable remedy, the plaintiff must also demonstrate why there is no relief at law. Pursuant to section
65.061(3), Florida Statutes, the plaintiff must also deraign title 9 *1331 for a period of at least seven years prior to filing suit (unless the court orders otherwise), setting forth the book and page number where the instruments are recorded....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9287, 1990 WL 198461
...r Plaintiff and against Defendant on Plaintiffs actions for quiet title, reformation, and abondonment (sic), as set forth below. At trial Plaintiff voluntarily dismissed its count for declaratory judgment. 2. As to the quiet title count, pursuant to section 65.061(2), Florida Statutes (1987), Defendant, Martin County, is not the rightful owner of Plaintiff, Bright W....
