ENDRUSCHAT v. AMERICAN TITLE INS. CO.

Nos. 78-955, 78-1357.

377 So.2d 738 (1979)

Albert J. ENDRUSCHAT and Mary Elizabeth Endruschat, His Wife, and William Roy Trevarthen and Patricia F. Trevarthen, His Wife, Appellants, v. AMERICAN TITLE INSURANCE COMPANY et al., Appellees. AMERICAN TITLE INSURANCE COMPANY, Appellant, v. Albert J. ENDRUSCHAT and Mary Elizabeth Endruschat, His Wife; William Roy Trevarthen and Patricia F. Trevarthen, His Wife, and Flagship First National Bank of Boynton Beach, a Florida Banking Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 27, 1979.


Attorney(s) appearing for the Case

Donald L. Brooks, of L.M. Taylor, Lawyers, North Palm Beach, attorneys for appellants-appellees Endruschat and Trevarthen.

Osborne Walker O'Quinn, Fort Pierce, attorney for appellant-appellee American Title Insurance Company.

Sam D. Phillips, Jr. of Phillips, Babbitt & Cook, West Palm Beach, attorneys for appellee, Flagship First National Bank of Boynton Beach.


LETTS, Judge.

This consolidated appeal stems from: (1) the trial judge's ruling denying coverage under an owner's policy of title insurance, which omitted a restriction duly recorded in the public records limiting use of the real property in question to residential purposes only, thus allegedly preventing its desired use as a dental clinic; and (2) the award of attorneys fees and costs to the mortgage lender which was the recipient of a simultaneous mortgagee title...

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