SAMUEL BERLIN AND GERTRUDE BERLIN, HIS WIFE,
v.
MAURICE JACOBS AND HERMAN J. BLOOM
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A contract for the sale or conveyance of real property or relinquishment of dower cannot be specifically enforced unless executed and acknowledged as prescribed for conveyances.
The case involves a contract for the sale or conveyance of real property or relinquishment of dower. The lower court's order is being reviewed.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Specific Performance cases and more on FLexlaw
We think that Sec. 708.07 Fla. Statutes, 1941, is applicable and controls in this case. Except for this statute it is quite evident that in equity and good conscience Mrs. Gertrude Berlin should be required to perform the contract, but Sec. 708.07 supra, specifically provides that “No agreement for the sale or conveyance of real property or for relinquishment of dower shall be specifically enforced unless it be executed and acknowledged in the form prescribed for conveyance of her real property and for relinquishment of dower.”
Chapter 21932, Acts of 1943, in nowise, in our opinion, repeals, supersedes or changes the above provision of Sec. 708.07 Fla. Statutes 1941.
In Sec. 3 of Chapter 21932, supra, it is specifically provided that this act shall not be construed as “(a) ... (b) ... (c) *774abolishing dower or any of the incidents thereof,” This statute did not attempt to amend or supersede Sec. 708.07, supra, insofar as the latter statute requires contract or agreement for the sale of conveyance of her real property or for relinquishment of dower to be executed and acknowledged in the form prescribed for conveyance of her real property and for relinquishment of dower to make such contract subject to being specifically enforced.
Unless a contract is so executed and acknowledged by the married woman the court is without authority or power to require specific performance of the contract. See Rose v. Henderson, 63 Fla. 564, 59 So. 138, Steinberg v. Alter, 155 Fla. 572, 20 So. (2nd) 911; Arundell v. Gordon et al., 92 Fla. 1110, 111 So. 386.
So it appears to us that the certiorari should be granted and the order of the Court below be quashed.
BROWN, THOMAS, SEBRING and ADAMS, JJ., concur.
CHAPMAN, C. J., and TERRELL, J„ dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lisk v. City of W. Palm Beach, 160 Fla. 632 (Fla. 1948)
-
Jacobs v. Berlin, 158 Fla. 259 (Fla. 1946)…BUFORD, J.: Appeal brings for review decree dismissing bill of complaint after testimony taken on certain issues. This was done after the going down of onr mandate in Berlin v. Jacobs and Bloom, 156 Fla. 773, 24 So. (2nd) 717, which disposed of the questions presented on the first appeal in this case. The issue on which testimony was taken was whether or not the premises involved constituted the homestead of the defendants in the Court below. [*260] Th…
-
Tamiami Trail Tours, Inc. v. Locke, 75 So. 2d 586 (Fla. 1954)…Coaster Amusement Co. v. Smith, 141 Fla. 845, 194 So. 336; National Brands, Inc., v. Norton Tire Co., Inc., 150 Fla. 349, 7 So. 2d 456; Hughs v. Miami Coca Cola Bottling Co., 155 Fla. 299, 19 So. 2d 862; Johnson v. City of Jacksonville, 157 Fla. 14, 24 So. 2d 717; Orme v. Burr, 157 Fla. 378, 25 So. 2d 870; Starke Coca-Cola Bottling Co. v. Carrington, 159 Fla. 718, 32 So. 2d 583; Groves v. Florida Coca-Cola Bottling Co., Fla., 40 So. 2d 128; St. Petersburg Coca-Cola Bottling Co. v. Cuccinello, Fla., 44 So. 2d…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Morgan Rundel v. Gordon, 92 Fla. 1110 (Fla. 1927)
- Rose v. Henderson, 63 Fla. 564 (Fla. 1912)
- Steinberg v. Alter, 155 Fla. 572 (Fla. 1945)
- State v. Coleman, 155 Fla. 555 (Fla. 1945)