final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 14-27903 Maria de Jesus Santovenia, Judge.
Office of Laurence A. Wanshel, P.A., and Laurence A. Wanshel,
San Pedro, for appellees.
FERNANDEZ, HENDON, and MILLER, JJ.
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.
Osorio and Velia Pouso (collectively, "the
Plaintiffs") filed an action against Lucila and Melissa
Murphy (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:
1. A warranty deed dated August 31, 1989, and recorded on
September 8, 1989, from Miami Land Development Corp. to Mario
Pena [Mario Sr.]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
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
4. A quitclaim deed dated October 26, 1998, and recorded on
December 6, 1998, from Manuela Pena, an unremarried widow, to
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, Mario Pena, Armando Pena, Victor Pena, Belia
Pouzo,  and Marcos Pena [collectively, "the
siblings" or "seven siblings"].
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 ...