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Murphy v. Osorio

Florida Court of Appeals, Third District

January 2, 2020

Lucila Murphy, Appellant,
v.
Lenis Osorio, et al., Appellees.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 14-27903 Maria de Jesus Santovenia, Judge.

          Law Office of Laurence A. Wanshel, P.A., and Laurence A. Wanshel, for appellant.

          Miguel San Pedro, for appellees.

          Before FERNANDEZ, HENDON, and MILLER, JJ.

          HENDON, J.

         Lucila Murphy appeals from a final judgment stemming from an action to quiet title to real property and from the denial of her motion for rehearing of the final judgment. We reverse and remand for further proceedings.

         Lenis Osorio and Velia Pouso (collectively, "the Plaintiffs") filed an action against Lucila and Melissa Murphy[1] (collectively, "the Defendants"), seeking to quiet title to real property located in Miami, Florida. It is undisputed that the following warranty deed and quitclaim deeds relating to the subject property have been recorded[2]:

1. A warranty deed dated August 31, 1989, and recorded on September 8, 1989, from Miami Land Development Corp. to Mario Pena [Mario Sr.][3]and Manuela Pena, his wife.
2 A quitclaim deed dated August 4, 1994, and recorded on August 10, 1994, from Mario Sr. and Manuela Pena, his wife, to Mario Sr., Manuela Pena, his wife, and Lucila Murphy, a married woman.
3. A quitclaim deed dated March 10, 1995, and recorded on June 15, 1998, from Mario Sr. and Manuela Pena, his wife, and Lucila Murphy, a single woman, to Melissa Murphy, a single woman.
4. A quitclaim deed dated October 26, 1998, and recorded on December 6, 1998, from Manuela Pena, an unremarried widow, to Lucila Murphy.
5. A quitclaim deed dated November 30, 2002, and recorded on August 7, 2003, from Lucila Murphy and Manuela Pena to Lucila Murphy, Lenes Osorio[4], Mario Pena[5], Armando Pena, Victor Pena, Belia Pouzo, [6] and Marcos Pena [collectively, "the siblings" or "seven siblings"].[7]

         In the complaint, the Plaintiffs alleged that their parents, Mario Sr. and Manuela, did not sign the quitclaim deed recorded in June 1998 (third deed), and therefore, the quitclaim deed must be canceled and title to the property should be quieted in the ...


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