FAIRMONT-TILLETT, LTD. v. FIRST MEMPHIS RLTY. TRUST

No. 82-5608 Non-Argument Calendar.

691 F.2d 991 (1982)

FAIRMONT-TILLETT, LIMITED, # 1, a Florida Limited Partnership, for the Use and Benefit of AMERICAN TITLE INSURANCE COMPANY, INC., Plaintiff-Appellee, v. FIRST MEMPHIS REALTY TRUST, a Massachusetts Business Trust, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 15, 1982.


Attorney(s) appearing for the Case

Winchester, Huggins, Charlton, Leake, Brown & Slater, Stanley M. Huggins, Ann W. Langston, Memphis, Tenn., for defendant-appellant.

Cooper, Rives, Strohauer & Teevan, Ronald P. Teevan, Clearwater, Fla., for plaintiff-appellee.

Before RONEY, VANCE and ANDERSON, Circuit Judges.


PER CURIAM:

This is a diversity action controlled by Florida law. A title insurance company, as subrogee of the purchaser, obtained a damage award against the seller in a suit on the Warranty Deed because of an encumbrance to the title, neither excepted from the seller's warranty nor discovered by the title company's admittedly negligent search. The seller held a mortgagee title policy from the insurance company.

Under the Florida case of Harvey v. J. ...

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