CopyCited 8 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 264, 1999 Fla. LEXIS 1047, 24 Fla. L. Weekly Fed. S 264
...of such creditor or subsequent purchaser. (2) Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts. Fla. Stat. (1995). [11] We recognize that section 704.08, Florida Statutes (1995), allows an easement for ingress and egress for the relatives and descendants of persons buried in a cemetery to visit the cemetery at reasonable times and in a reasonable manner....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1990 WL 45515
...Christine Mallock and Steve Mallock appeal an adverse final judgment. We reverse. The Mallocks brought suit against the defendant cemetery, Southern Memorial Park, Inc., alleging intentional infliction of emotional distress, and breach of the statutory right of access pursuant to section 704.08, Florida Statutes (1987)....
...Eastern Airlines, Inc.,
536 So.2d 1023, 1034 (Fla. 3d DCA 1987) (en banc) (Schwartz, C.J., dissenting). [2] The Mallocks also appeal the dismissal of their claim for damages for an alleged breach by the cemetery of the Mallocks' right of access pursuant to section
704.08, Florida Statutes (1987)....
...implied easement"); Dawson v. Jones,
512 So.2d 311, 313 (Fla. 2d DCA 1987) (recognizing right of damages for temporary interference with easement; collecting cases); see also 1A R. Boyer, Florida Real Estate Transactions § 23.05, at 23-79 (1989). This interpretation of section
704.08 is consistent with the criteria set forth in Fischer v....
...s be treated in the same fashion as easements generally; and judicial implication of a right of action is consistent with the underlying purposes of the legislative scheme. [3] Because the amended complaint alleged a cause of action for violation of section 704.08, the motion to dismiss should have been denied....
...Eastern Airlines, Inc.,
536 So.2d at 1034 (Schwartz, C.J., dissenting). [3] As the Mallocks have only requested damages, and have not requested prospective equitable relief, the sole question before us is whether the trial court erred in dismissing the Mallocks' claim for damages under section
704.08.
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 5429585, 2013 Fla. App. LEXIS 15394
...National”), failed to except from coverage under the policy the statutory easement for ingress and egress provided to “relatives and descendants of any person buried in a cemetery [in this state] for the purpose of visiting the cemetery.” See § 704.08, Fla....
...rance policy. Village Carver’s attempt to charge Fidelity National with “implied notice” of the existence of the cemetery is excluded by law. Village Carver, joined by the dissent, next contends that Fidelity National had an obligation to list section 704.08 as an exception to coverage under the insurance policy vel non....
...Euro-Holland Vastgoed, B.V.,
404 So.2d 410, 412 (Fla. 4th DCA 1981), quoting 25 Am.Jur.2d Easements & Licenses § 34, at 447-48) (second emphasis added). In the case before us, no one has sought to exercise a legal right or assert any interest pursuant to section
704.08. There has been no “act, title transaction, event or omission” giving rise to a claim under the title insurance policy, not to mention one “that occurred before the effective date of root of title.” §
712.04. Section
704.08 does not create an interest in real property....
...ing on the date the insurance policy is issued. Title insurance policies do not insure against future occurrences. Village Carver and the dissent forget this critical distinction. We affirm the decision of the trial court. ROTHENBERG, J., concurs. . Section 704.08 reads in full: 704.08....
