Scheible v. Brown
Florida Court of Appeals
333 So. 3d 726 (2022)
- Written by Eric Miller, JD
Facts
Jeffrey Scheible (plaintiff) inherited the home of his deceased sister in 2008. Scheible allowed his niece, Janice Johnson, to live in the home with her boyfriend, Audley Brown (defendant). Two years later, Scheible executed a quitclaim deed transferring the property to Johnson. In June 2015, Johnson died, and Scheible became the personal representative of her estate. Scheible discovered that Brown had sold the property to third-party purchasers. Investigation revealed that Johnson had supposedly conveyed the property to Brown in a quitclaim deed dated February 2015 and bearing Johnson’s signature. However, that deed was recorded in July 2015—after Johnson’s death. Scheible brought suit against various parties, including Nea Richardson (defendant), the notary public who had apparently notarized the quitclaim deed despite Johnson’s absence. The trial court found in favor of the estate, awarding $247,000 in damages. But Richardson moved for a new trial, arguing that her negligence was not a proximate cause of injury to the estate. The court agreed, holding that the original deed was a forgery and void, thus making its subsequent notarization by Richardson irrelevant. Scheible appealed the order of a new trial.
Rule of Law
Issue
Holding and Reasoning (Warner, J.)
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