458 So. 2d 891 - Becker v. Effenberger’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A deed may be ineffectual — or “void”— as to a creditor but yet remain quite valid for other purposes depending upon the facts and circumstances. The quitclaim deed in question here was not recorded prior to recordation of appellee’s money judgment. Neither is there any suggestion that appellee was otherwise on notice of its execution. Therefore, the conveyance was ineffectual against appellee’s judgment. See § 695.01)(1), Fla.Stat. (1983). See also Moyer v. Clark, 72 So.2d 905 (Fla.1954). There being no proof offered that the deed was executed on any date other than that stated therein or evidence that at the time made it was to “delay, hinder, or defraud” appellee, there were no facts before the court to support an absolute and total voiding of the deed. Appellant’s title remains valid against Forthner, who has no rights in any proceeds of the sale. See Licata v. De Corte, 50 Fla. 563 , 39 So. 58 (1916). That portion of the judgment of the trial court voiding and vacating the conveyance to appellant is reversed and set aside, [emphasis added].”

   1 later decision quote this exact passage
   e.g. McCall v. Barnett Bank of Columbia County (In Re McCall)