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373 So. 2d 964

Docket Nos. MM-298, NN-325.

Coggins v. Mimms

Floyd R. COGGINS and Maxlyn Coggins, His Wife, Appellants, v. Walter F. MIMMS and Gene C. Mimms, His Wife, et al., Appellees.

District Court of Appeal of Florida

Decided August 15, 1979.

District Court of Appeal of Florida · decided 1979-08-15

Cited by 4 later decisions — most recently August 1997

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1979-08-15

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¶1*965 John Roscow, III, of Scruggs, Carmichael, Long, Tomlinson, Roscow, Prigdeon, Helpling & Young, Gainesville, for appellants.

¶2Nancy Y. Selfridge and Jonathan F. Wershow, of Wershow, Burwell & Wershow, Gainesville, for appellees Mimms.

¶3Pierce J. Guard, Jr., Lakeland, for appellees Stones.

¶4ROBERT P. SMITH, Jr., Judge.

¶5Appellant Floyd Coggins' recorded affidavit, reciting the existence of agreements by others to convey to him the land here contested, was not an instrument entitled to recordation as constructive notice to other potential buyers because the instrument contained no sworn acknowledgment of the vendors. Section 696.01, Florida Statutes (1977). Recordation of the Coggins affidavit, indexed by the clerk under his name alone, therefore was not notice to appellees of a prior obligation of the vendors to sell to Coggins. The circuit court's summary judgment is

¶6AFFIRMED.

¶7MILLS, C.J., and SHIVERS, J., concur.

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