HOMER W. WOODRUFF, APPELLANT,
v.
CLARA S. TAYLOR, APPELLEE
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A complaint to quiet title must allege sufficient facts to present a justiciable matter, showing the plaintiff's title and the existence and invalidity of a cloud on that title.
Plaintiff filed a complaint to quiet title to real property, alleging he derived title and that the defendant claimed an inchoate right of dower. The …
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The chancellor entered an order granting a motion to dismiss the complaint. The object of the relief sought is to quiet title to certain real property. The appeal is interlocutory and emanates from the court’s ruling granting the motion to dismiss.
Essentially, a complaint to quiet title to real property against an alleged cloud upon it should allege sufficient facts to present a justiciable matter to a court of competent jurisdiction. Such complaint should not only show title in the plaintiff to the land in controversy but also that a cloud exists before relief can be rendered against it. Then not only must the matter which constitutes the alleged cloud be shown but facts must be averred which give the claim apparent validity as well as those which show its invalidity. Stark v. Frayer, Fla.1953, 67 So.2d 237; Tibbetts v. Olson, 1926, 91 Fla. 824, 108 So. 679; and Brecht v. Bur-Ne Co., 1926, 91 Fla. 345, 108 So. 173.
In the instant case plaintiff affirmatively alleges title to the land in controversy. He delineates the source and history from which he derived title; he alleges that the defendant pretends to claim an inchoate right of dower, further alleges the basis upon which the defendant grounds her claim, and then sets out what *823he relies on to establish that no inchoate right of dower exists. We are here confronted only with the ruling as it concerns the sufficiency of the allegations of the complaint. We are not confronted with the adequacy or merit of any defense. When presented, that is a matter which will rest with the trial court for determination.
We conclude that the complaint is sufficient to withstand the attack made by the motion to dismiss, and the cause is thereby reversed for further proceedings in conformity with this opinion and the established rules and practices.
Reversed.
ALLEN, C. J., and SHANNON, J., concur.
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Malcolm Stahl and wife v. Wilson, 121 So. 2d 662 (Fla. 3d DCA 1960)…whether the action for declaratory decree constituted a collateral attack on the county judge’s order of March 4, 1959. If the complaint is properly a bill to quiet title to real property, it was error to dismiss. Woodruff v. Taylor, Fla.App. 1960, 118 So. 2d 822. But it has been stated that the declaratory decree proceeding is not a substitute for established procedure for review of final judgments and decrees. Nor is it a device for collateral attack upon them. DeMarigny v. DeMarigny, Fla.1949, 43 So. 2d 4…
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Erick van Loan v. Heather Hills Prop. Owners Ass'n, Inc., 216 So. 3d 18 (Fla. 2d DCA 2016)…to the land in controversy; (2) that a cloud on the title exists; (3) that the facts give the [*24] claim apparent validity; and (4) that the facts show that the claim is invalid. Stark v, Frayer, 67 So. 2d 237, 238 (Fla. 1953); Woodruff v. Taylor, 118 So. 2d 822, 822 (Fla. 2d DCA 1960); see also §§ 65.021, .061, Fla. Stat. (2015). As we have already explained, because the declaration of amended restrictive covenants does not clearly indicate which lot owners consented to the applicability of the amended res…
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Woodruff v. Taylor, 140 So. 2d 87 (Fla. 2d DCA 1962)…PER CURIAM. Affirmed. See Taylor v. Woodruff, Fla. App.1957, 97 So. 2d 341; and Woodruff v. Taylor, Fla.App.1960, 118 So. 2d 822. SHANNON, C. J., and SMITH and WHITE, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson C. Tibbetts v. Atwell Olson, 91 Fla. 824 (Fla. 1926)
- Brecht v. Bur-Ne Co., 91 Fla. 345 (Fla. 1926)
- Stark et ux. v. Frayer, 67 So. 2d 237 (Fla. 1953)