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TUCKER v. LITTLE HAITI HOUSING ASSOCIATION INC (2024)

District Court of Appeal of Florida, Third District.2024-06-26No. No. 3D22-1977

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Affirmed. See Hagopian v. Zimmer, 653 So. 2d 474, 475 (Fla. 3d DCA 1995) (“The person whose name appears on legal title is presumed to be the owner of the property in question” (citing Cannova v. Carran, 92 So. 2d 614, 619 (Fla. 1957))); Rabinowitz v. Keefer, 100 Fla. 1723, 132 So. 297, 303 (1931) (“A grantor can convey no greater estate than he has or in which he has an alienable title or interest ․”); Burdine v. Sewell, 92 Fla. 375, 109 So. 648 (1926) (relying on fact that grantor did not include both co-owners on purported easement to support trial courts conclusion that easement was not validly created); see also Advanced Sys., Inc. v. Gotham Ins. Co., 272 So. 3d 523, 528 n.2 (Fla. 3d DCA 2019) (“Summary judgment evidence must be in the form of evidence that would be admissible at trial.” (citing Gidwani v. Roberts, 248 So. 3d 203, 208 (Fla. 3d DCA 2018))); Custom Design Expo, Inc. v. Synergy Rents, Inc., 327 So. 3d 427, 431 (Fla. 2d DCA 2021) (declining to consider affidavit opposing summary judgment where affidavit was based on hearsay); Fla. Dept of Fin. Servs. v. Associated Indus. Ins. Co., Inc., 868 So. 2d 600, 602 (Fla. 1st DCA 2004) (same); Zoda v. Hedden, 596 So. 2d 1225, 1226 (Fla. 2d DCA 1992) (same).

PER CURIAM.