JOHN B. DOLAN, APPELLANT,
v.
ALLYN M. WRIGHT ET AL., APPELLEES
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The court held that two witnesses are not required for a wife's signature on a real estate contract for deed unless the property is homestead, even if dower rights are involved.
The sellers sought specific performance of a real estate contract, which the trial court granted. The purchaser appealed, arguing the contract was inv…
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WALDEN, Judge.
Specific performance of an executory real estate contract was ordered at the sellers’ behest. The purchaser was required to purchase. The defendant-purchaser appeals. We affirm.
Point II alone merits comment. It assigned that:
“The Court erred in requiring specific performance of the contract where the signature of the wife of the seller was not witnessed by two persons.”
The real question is, when property is encumbered by dower rights must there be two witnesses to the wife’s signature on a contract for deed for the property, to support an action for specific performance.
There is no requirement for two subscribing witnesses to a contract for deed except when homestead property is involved. Koplon v. Smith, Fla.1972, 271 So. 2d 762.
Formerly under F.S. 708.07, F.S.A. (1969) 1 as interpreted in Kyle v. Kyle, Fla.App.1961, 128 So. 2d 427; Petersen v. Brotman, Fla.App.1958, 100 So. 2d 821 and Zimmerman v. Diedrich, Fla.1957, 97 So. 2d 120, it was necessary that two witnesses subscribe to a contract for deed concerning dower relinquishment. That requirement was obviated by the repeal of that statute on October 1, 1970, which repeal pre-dated the instant obligation.
Thus, there was mutuality of remedy at all times pertinent, and the trial court correctly entered the judgment of specific performance.
Affirmed.
OWEN, C. J., and CROSS, J., concur. . “708.07 Specific performance against married woman Coverture shall not prevent a decree against husband and wife or either of them to specifically perform their written agreement to sell or convey the separate property of the wife or to relinquish her right of dower in the property of the husband, regardless of whether the same shall be acknowledged or not.”
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The Wickes Corp. v. Moxley, 342 So. 2d 839 (Fla. 2d DCA 1977)…scussion was adopted as part of the 1968 Constitution which became effective on January 7, 1969. Therefore, our reference to the 1972 amendment was inadvertent because that amendment only changed other language in the subsection. . Dolan v. Wright, 289 So. 2d 777 (Fla.4th DCA 1974). . § 689.01, Fla.Stat. (1975). . Koplon v. Smith, supra.…
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Zdenka Slomovic v. VES Carpenter Contractors, Inc., 292 So. 2d 60 (Fla. 4th DCA 1974)…nt I of the amended complaint and striking certain portions of the prayer of Count II of the amended complaint, is reversed on authority of Zimmerman v. Diedrich, Fla. 1957, 97 So. 2d 120; Koplon v. Smith, Fla. 1973, 271 So. 2d 762; Dolan v. Wright, 289 So. 2d 777, 4th DCA, Opinion filed February 15, 1974. It would have been most helpful in this case had appellees filed a brief as required by rule 3.7(b), F.A.R., 32 F.S.A. Once again, attention is drawn to an appellee’s responsibility thereunder to support t…
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Caidin v. Poley, 313 So. 2d 88 (Fla. 4th DCA 1975)…se on both grounds and remand with instructions. In Koplon v. Smith, 271 So. 2d 762 (Fla.1972), it was held that there is no requirement for two subscribing witnesses to a contract for deed save when homestead is involved. See also Dolan v. Wright, 289 So. 2d 777 (4th D.C.A. Fla.1974) and Con-Dev of Vero Beach, Inc. v. Casano, 272 So. 2d 203 (4th D.C.A. Fla.1973). Defendant, therefore, became liable for performance upon signing the contract. The property was not claimed as homestead, both defendant and his w…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frieda Zimmerman v. Diedrich, 97 So. 2d 120 (Fla. 1957)
- Kyle v. Kyle, 128 So. 2d 427 (Fla. 2d DCA 1961)
- Koplon v. Smith, 271 So. 2d 762 (Fla. 1972)
- Petersen v. Jonas J. Brotman, 100 So. 2d 821 (Fla. 2d DCA 1958)
- City OF Tampa v. Sperry, 100 So. 2d 821 (Fla. 2d DCA 1958)