District Court of Appeal of Florida

In litigation arising from two buyers' purchase of the same real property from the same seller, a trial court's determination one buyer's claim to the property was superior to the other's is affirmed where: 1) the prevailing buyer had no notice of an earlier warranty deed between the other buyer and seller, 2) he paid valuable consideration for the property; and 3) thus, his recording of his warranty deed before the earlier purchaser gave him priority to the property.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• ORFINGER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• C. Samuel Whitehead, Lexington, KY, for Appellant.


• For Appellees:
  
• Bryce W. Ackerman, of Gray, Ackerman & Haines, P.A., Ocala, for Appellee.