CopyCited 20 times | Published | Florida 3rd District Court of Appeal
(Fla. 3d DCA 1973); 11 Fla.Jur.2d, Contracts § 117. [5] 11 Fla.Jur.2d, Contracts § 106. [6] E.g., Norwood
0 red0 yellow15 green1 procedural
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1999 WL 533597
...a proximate cause of the plaintiffs damages and that as to the employer-law firm, the plaintiff failed to prove a prima facie case that Ellis was acting within the scope of her employment when she executed the faulty notarizations, as is required by section 117.05(7)....
...Based on his own admissions, Ellis' notarizations were not the cause of his acceptance of the bonds as valid. Rather it was his trust and faith in Leiffer over a two-year long course of dealing. AFFIRMED. GOSHORN and GRIFFIN, JJ., concur. NOTES [1] § 117.05, Fla....
0 red0 yellow3 green0 procedural
Cited as authorityDeprince (2018)phrase: "rule_authority"
Cited as authorityAtria (2001)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 208355
...ppellate file is closed. Thus, we cannot review the record to determine whether appellant's claim contains merit. The trial court order denied relief in part because the notary section of the motion did not comport with the technical requirements of section 117.05(16), Florida Statutes (Supp....
0 red0 yellow1 green0 procedural
AffirmedSheffield (2005)phrase: "affirmed in"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1999 WL 973614
...There is insufficient evidence for the trial court to find that the Zabalas have a valid deed to one of the condominiums. To transfer a property interest, a deed must be in writing and signed by the person conveying such interest. Fla. Stat. §
689.01 (1995). Section
117.05(6)(a), Florida Statutes (1995), provides that a notary public may not notarize a signature if the "person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized." See The Florida Bar v....
0 red0 yellow2 green0 procedural
Cited as authorityRainess (2012)phrase: "rule_authority"
Cited as authorityEason (2009)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 WL 139201
...Hoffman of Brownlee, Hoffman & Jacobs, P.A., Orlando, for Appellee Kathleen A. Ellis. No Appearance for Appellee, Harold R. Leiffer. HARRIS, Judge. The issue in this case is whether a notary, and the law firm that employs her, may be held liable for damages resulting from an improper notarization. Section 117.05(5) provides: A notary public may not notarize a signature on a document unless he or she personally knows, or has satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument....
...Ameriseal was unable to obtain substitute bonds and lost the profit on the projects covered by the bonds. Ameriseal filed suit against Leiffer, Kathleen, the law firm and others. A default was obtained against Leiffer for over $350,000. Ameriseal's claims against Kathleen [1] and the law firm were based on section 117.05, which provides for the uses and unlawful uses of a notary commission. [2] Section 117.05(5), Florida Statutes (Supp....
...1992) provides that a notary public may not take the acknowledgement of an instrument unless he or she personally knows or has satisfactory evidence that the person making the acknowledgement is the individual who is described in and who is executing the instrument. Section 117.05(6) provides that a notary may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary at the time this signature is notarized. [3] Section 117.05(7) provides for liability on the part of the notary's employer: The employer of a notary public shall be liable to the persons involved for all damages proximately caused by the notary's official misconduct, if the notary public was ac...
...e and tenuous, would in effect make the notary the insuror or guarantor of a document and its authenticity. While there may be cases in which the notary's breach of duty is the proximate cause of loss, this, in my view, is not one of them. NOTES [1] Section 117.05(7): The employer of a notary public shall be liable to the persons involved for all damages proximately caused by the notary's official misconduct, if the notary public was acting within the scope of his employment at the time he engaged in the official misconduct....
...The Legislature requires notaries to post a bond in the amount of $5,000.00 payable to "any individual harmed as a result of the breach of duty by the notary ..." §
117.01(7)(a); Fla.Stat. (Supp.1992). [2] The Legislature limits the fees of notaries to $10.00 (except for performing marriages). §
117.05(2), Fla.Stat. (Supp.1992). [3] I note parenthetically that section
117.05 was later amended to impose a $5,000.00 penalty for this infraction. §
117.05(6)(a), Fla.Stat....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 9928, 2008 WL 2605177
...s v. State,
554 So.2d 667 (Fla. 2d DCA 1990) (holding that absence of attesting seal did not render search warrant affidavit fatally defective). [2] If the attestor had been a notary public, the notary's seal would have been affixed to the document. §
117.05(3)(a), Fla....
CopyCited 1 times | Florida 3rd District Court of Appeal
...3d 199, 202 (Fla. 3d DCA 2021) (citing Estate of
Brock v. Brock,
692 So. 2d 907, 913 (Fla. 1st DCA 1996)).
2
self-authentication, was non-compliant due to several technical violations of
the notary statute, section
117.05 of the Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
Sheldon I. Pivnik Notary Public QUESTION: Does s. 117.05 (6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, prohibit a notary public from solemnizing the rites of matrimony of persons related by blood or marriage to the notary public? SUMMARY: Section 117.05 (6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, effective January 1, 1992, does not prohibit a notary public form solemnizing the rites of matrimony of persons related by blood or marriage to the notary public. Section 117.05 (6)(d), as amended by s....
...ngly to s.
741.01 , F.S. 4 Within 10 days after solemnizing the marriage, "he shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued." 5 Section
117.05 (6)(d), as amended and effective January 1, 1992, prohibits a notary public from notarizing the signature of a relative on a document. In solemnizing the rites of matrimony and certifying on the marriage license that he has solemnized the marriage, the notary is not notarizing the signature of the relative on a document. Accordingly, the prohibition contained in s.
117.05 (6)(d), F.S., as amended, would not appear to be applicable. Therefore, I am of the opinion that s.
117.05 (6)(d), F.S., as amended by s....
CopyPublished | Supreme Court of Florida
...hange]
2021 Revision: Form Oath amended to require a statement
that the personal representative has never been convicted of abuse,
neglect, or exploitation of an elderly or disabled adult and to revise
notary block for compliance with revised section
117.05, Florida
Statutes.
Statutory References
733.302, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 17812, 2015 WL 7568618
...943.10, and traffic accident
investigation officers and traffic infraction enforcement officers, as
described in s.
316.640, are authorized to administer oaths when
engaged in the performance of official duties. Sections
117.01,
117.04,
117.045,
117.05, and
117.103 do not apply to the provisions
of this section....
...rtiorari review
where an attestor’s status was not specified on an affidavit, the Fifth District
interpreted the statues to mean:
If the attestor had been a notary public, the notary’s seal would have
been affixed to the document. §117.05 (3)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal
...First, Defendant’s signature does not appear on any documents as a
notary. Therefore, his signature was not certifying that he had satisfactory
evidence that the person signing the document was in fact the person
whom he or she purported to be. See § 117.05(5), Fla....
CopyPublished | Florida 4th District Court of Appeal
...notary public may not notarize a signature on a document unless he or
she personally knows, or has satisfactory evidence, that the person whose
signature is to be notarized is the individual who is described in and who
is executing the instrument.” § 117.05(5), Fla....
CopyPublished | Florida 4th District Court of Appeal
...But,
in a separate final judgment, the court found the lender’s evidence insufficient
to foreclose against the wife.
Specifically, the court determined the mortgage was “fatally deficient” and
“legally invalid on its face” because the notary had signed as a witness in
violation of section 117.05(1), Florida Statutes (2024)....
...Here, the lender is challenging the trial court’s legal conclusions.
There is no preservation problem.
• The Analysis
o The Notary and the Witness
The lender first challenges the trial court’s conclusion that the mortgage was
invalid due to the notary’s signature. The lender argues that while section
117.05(1) prohibits a notary from notarizing their own signature, the statute
does not preclude a notary from acting as a witness....
...We have de novo review of the trial court’s legal conclusion. Ocwen Loan
Servicing, LLC v. Bishop,
337 So. 3d 64, 66 (Fla. 4th DCA 2022) (citing Bank of
N.Y. Mellon v. Withum,
204 So. 3d 136, 137 (Fla. 4th DCA 2016)).
2
Section
117.05(1) prohibits a notary from notarizing their own signature.
However, Florida law does not prevent a notary from also acting as a witness to
a document....
...2d 52, 53 (Fla. 1st DCA
1978); see also Tunnage v. Green,
947 So. 2d 686, 688 (Fla. 4th DCA 2007)
(implicitly approving a notary acting as the sole witness on a deed, although
finding the deed defective for lack of two witnesses).
Importantly, section
117.05(4)(e) creates a presumption that notarization
applies to all signatures on a document absent specific notation otherwise. The
notary can rebut this presumption by naming the specific signatures being
notarized. §
117.05(4)(e), Fla....
...The notary limited the jurat to the
husband and wife’s signatures, not his own. Thus, he rebutted the statutory
presumption. Nowhere does the notary suggest an intent to notarize the
witnesses’ signatures. The trial court erred in concluding the notarization of the
mortgage invalid under section 117.05(4)(e).
o The Two Witness Requirement
The lender next argues the trial court erred in declaring the mortgage invalid
because it was not signed in the presence of two subscribing witnesses....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9255, 2015 WL 3759871
...would create chaos in the judicial system”).
In the present case, the trial court found the affidavits to be “improper”
and “inadequate” because the notarization blocks were on a separate page
from the affiants’ signatures. Nothing in the text of section 117.05, Florida
Statutes (2013), imposes a requirement that the notarization of a signature
3
on an affidavit be on the same page as the affiant’s signature....
CopyPublished | Supreme Court of Florida
...oved Family Law Forms,
we adopt many of the suggestions therein, amending forms 12.948(a)-(e) to clarify
and correct the forms as necessary and to revise the notary certificates to reflect
new procedures for online notarization in accordance with section 117.05(13),
Florida Statutes (2019)....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 303, 1996 Bankr. LEXIS 80
...In an affidavit, of course, the affiant makes an oath or affirmation as to the truth of the facts stated in the affidavit. Cf F.R.Evid. 603. If a notary public administers the oath, the notary's jurat or certificate of administration of the oath must be in correct form. See, e.g., § 117.05(16)(a), Fla....
...§
117.03, Fla.Stat. (A certificate of acknowledgment of execution is a requirement for recording an instrument in the public records; it has nothing to do with a witness swearing to the truth of the facts stated. §§
695.03 and
695.25, Fla.Stat. See, also, %
117.05(16)(b)-(c).) In this case, the affidavit contains a certificate of acknowledgment only.
CopyPublished | Florida 4th District Court of Appeal
...4th DCA 2020).
3
As a notary, Richardson had a statutory duty to have “satisfactory
evidence, that the person whose signature is to be notarized is the
individual who is described in and who is executing the instrument.” §
117.05(5)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 19053, 2009 WL 4574290
...or Adoption,” filed December 4, 2009. For the reasons that follow, we grant the petition, quash the order under review, and remand for a hearing forthwith to determine whether the petitioners’ Amended Verified Petition for Adoption complies with section 117.05(5)-(5)(b)(l), Florida Statutes (2009)....
...ent of parental rights was invalid, we grant the petition, and quash the order under review. In denying the Verified Petition for Adoption, the trial court also found that the verification and acknowledgment of A.L.’s signature did not comply with section 117.05(5)-(5)(b)(1), Florida Statutes (2009)....
...The appendix to petitioners’ writ of certiorari includes a draft of their Amended Verified Petition for Adoption, which includes a verification and acknowledgment of A.L.’s signature and two affidavits from individuals purporting to satisfy the requirements of section 117.05(5)-(5)(b)(l)....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...d by statute. 3 However, you question the application of a notary's seal to the certificate of correctness or the certificate of nonappearance because it constitutes an acknowledgment and notaries are prohibited from taking their own acknowledgment. Section 117.05 (1), F.S....
...This second certification should be notarized by a notary public other than the notary public/court reporter certifying the accuracy of the transcript. Such an analysis would appear to be equally applicable to certificates of nonappearance. AS TO QUESTION 2: Section 117.05 (6)(a), F.S....
...It may be advisable to seek legislative or judicial clarification through the crafting of legislation or rules to accomplish this. 1 See , s.
117.03 , F.S. 2 See , Ch. 29 , F.S., and Fla.R.Jud.Admin. 2.070. 3 See , ss.
92.50 (1) and
117.03 , F.S. 4 Alsop v. Pierce,
19 So.2d 799 (Fla. 1944). 5 And see , s.
117.05 (4), F.S....
