Florida Statute 689.19 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

View Entire Chapter

F.S. 689.19

689.19 Variances of names in recorded instruments.—

(1) The word “instrument” as used in this section shall be construed to mean and include not only instruments voluntarily executed but also papers filed or issued in or in connection with actions and other proceedings in court and orders, judgments and decrees entered therein and transcripts of such judgments and proceedings in foreclosure of mortgage or other liens.

(2) Variances between any two instruments affecting the title to the same real property both of which shall have been spread on the record for the period of more than 10 years among the public records of the county in which such real property is situated, with respect to the names of persons named in the respective instruments or in acknowledgments thereto arising from the full Christian name appearing in one and only the initial letter of that Christian name appearing in the other or from a full middle name appearing in one and only the initial letter of that middle name appearing in the other or from the initial letter of a middle name appearing in one and not appearing in the other, irrespective of which one of the two instruments in which any such variance occurred was prior in point of time to the other and irrespective of whether the instruments were executed or originated before or after August 5, 1953, shall not destroy or impair the presumption that the person so named in one of said instruments was the same person as the one so named in the other of said instruments which would exist if the names in the two instruments were identical; and, in spite of any such variance, the person so named in one of said instruments shall be presumed to be the same person as the one so named in the other until such time as the contrary appears and, until such time, either or both of such instruments or the record thereof or certified copy or copies of the record thereof shall be admissible in evidence in the same manner as though the names in the two instruments were identical.

History.—s. 1, ch. 28208, 1953.

F.S. 689.19 on Google Scholar

F.S. 689.19 on Casetext

Amendments to 689.19

Arrestable Offenses / Crimes under Fla. Stat. 689.19

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.19.

Annotations, Discussions, Cases:

Cases Citing Statute 689.19

Total Results: 4

Schwartz v. Estate of Schwartz

Court: District Court of Appeal of Florida | Date Filed: 2005-07-06

Citation: 905 So. 2d 1027, 2005 Fla. App. LEXIS 10487, 2005 WL 1561040

Snippet: concur in the opinion of Judge Gross. . See § 689.19, Fla. Stat. (2005) (word "instrument” shall be

Barnett Bank of South Florida, NA v. Westbrook Atkinson Realtors

Court: District Court of Appeal of Florida | Date Filed: 1990-07-18

Citation: 564 So. 2d 570, 12 U.C.C. Rep. Serv. 2d (West) 198, 1990 Fla. App. LEXIS 5328, 1990 WL 99167

Snippet: Mercantile Co., 169 Ala. 476, 53 So. 802 (1910); section 689.19, Florida Statutes (1987); Florida Fund Title Notes

McElroy v. Gay

Court: Supreme Court of Florida | Date Filed: 1945-05-11

Citation: 22 So. 2d 154, 155 Fla. 856, 1945 Fla. LEXIS 679

Snippet: parties. Lambert v. Lambert,66 W. Va. 520, 66 S.E. 689, 19 Ann. Cas. 537; Rockafellow v. Newcomb, 57 Ill.

Board of Public Instruction v. State Ex Rel. Tanger Investment Co.

Court: Supreme Court of Florida | Date Filed: 1935-10-11

Citation: 164 So. 697, 121 Fla. 703

Snippet: Gunnison County v. Rollins, 173 U.S. 255, 43 L. Ed. 689, 19 S.C. 390, and also in Chaffee County v. Potter