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GLEASON v. TITLE GUARANTEE COMPANY

No. 18998.

300 F.2d 813 (1962)

William H. GLEASON, Appellant, v. The TITLE GUARANTEE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 30, 1962.

Attorney(s) appearing for the Case

Charles Cook Howell, William M. Howell, Jacksonville, Fla., Erskine W. Landis, DeLand, Fla., Howell, Kirby, Montgomery & Sands, Jacksonville, Fla., Hull, Landis, Graham & French, DeLand, Fla., of counsel, for appellant.

Earl D. Waldin, Jr., David W. Dyer and Louis S. Bonsteel, Miami, Fla., Smathers, Thompson & Dyer, Miami, Fla., of counsel, for appellee.

Before TUTTLE, Chief Judge, and JONES, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The plaintiff, The Title Guarantee Company of Baltimore, Maryland, sued William H. Gleason, a title examining attorney, for damages sustained when various mortgages that it had guaranteed as first mortgages, in reliance on Gleason's certification of clear title, proved to be subordinate to certain other mortgages. Gleason appeals from a summary judgment for the plaintiff. We affirm, subject to a redetermination of damages.

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