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Florida Statute 689.01 | Lawyer Caselaw & Research
F.S. 689.01 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST
View Entire Chapter
F.S. 689.01
689.01 How real estate conveyed.
(1) No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in, or out of any messuages, lands, tenements, or hereditaments shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing such estate, interest, or term of more than 1 year, or by the party’s lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements, or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party’s lawfully authorized agent, or by the act and operation of law; provided, however, that no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property. No seal shall be necessary to give validity to any instrument executed in conformity with this section. Corporations may execute any and all conveyances in accordance with the provisions of this section or ss. 692.01 and 692.02.
(2) For purposes of this chapter:
(a) Any requirement that an instrument be signed in the presence of two subscribing witnesses may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology, as defined in s. 117.201.
(b) The act of witnessing an electronic signature is satisfied if a witness is in the physical presence of the principal or present through audio-video communication technology at the time the principal affixes his or her electronic signature and the witness hears the principal make a statement acknowledging that the principal has signed the electronic record.
(c) The terms used in this subsection have the same meanings as the terms defined in s. 117.201.
(3) All acts of witnessing made or taken in the manner described in subsection (2) are validated and, upon recording, may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section or the laws governing notarization of instruments, including online notarization. This subsection does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not related to the act of witnessing.
History.s. 1, Nov. 15, 1828; RS 1950; GS 2448; RGS 3787; CGL 5660; s. 4, ch. 20954, 1941; s. 751, ch. 97-102; s. 2, ch. 2008-35; s. 21, ch. 2019-71; s. 1, ch. 2020-102.

F.S. 689.01 on Google Scholar

F.S. 689.01 on Casetext

Amendments to 689.01


Arrestable Offenses / Crimes under Fla. Stat. 689.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. SACCULLO, L. A. A. v. UNITED STATES OF AMERICA,, 913 F.3d 1010 (11th Cir. 2019)

. . . . § 689.01. . . . that [f]ive years after the recording of an instrument required to be executed in accordance with s. 689.01 . . . here, "[f]ive years after the recording of an instrument required to be executed in accordance with s. 689.01 . . .

UNITED STATES v. BARBER, 61 F. Supp. 3d 1273 (M.D. Fla. 2014)

. . . . § 689.01, Fla. Stat. . . .

UNITED STATES v. E. MORALES, In M., 36 F. Supp. 3d 1276 (M.D. Fla. 2014)

. . . . § 689.01. . . .

A. BERDICK d b a a v. COSTILLA F. NY a, 97 So. 3d 316 (Fla. Dist. Ct. App. 2012)

. . . “Pursuant to section 689.01, Florida Statutes [ (2010) ], an assignment or sublease for a lease with . . .

BRIDGEVIEW BANK GROUP, v. P. CALLAGHAN,, 84 So. 3d 1154 (Fla. Dist. Ct. App. 2012)

. . . See § 689.01, Fla. Stat. (2008). . . .

TRG- BRICKELL POINTE NE, LTD. a v. GRAVANTE,, 76 So. 3d 321 (Fla. Dist. Ct. App. 2011)

. . . reconsideration motion because the motion established that Form H had been, in fact, dated, and because section 689.01 . . . In addition, because section 689.01 regulates the conveyance of real property and does not apply to documents . . .

In A M FLORIDA PROPERTIES II, LLC, GFI LLC, v., 435 B.R. 9 (Bankr. S.D.N.Y. 2010)

. . . . § 689.01 (West 2008), which requires that an agreement for sale of a property be (1) signed by the . . . Ann. § 689.01 (West 2008), which as the Defendant correctly notes, requires that an agreement for sale . . .

S I INVESTMENTS, v. PAYLESS FLEA MARKET, INC. a, 36 So. 3d 909 (Fla. Dist. Ct. App. 2010)

. . . the 2003 lease is unenforceable because it lacks two subscribing witnesses, as required by section 689.01 . . . See § 689.01, Fla. Stat. . . . And, because the 2003 lease was a new lease, it must comport with section 689.01 to be enforceable. . . . was deemed new or a renewal, two signatures were required under the applicable statute of frauds, § 689.01 . . . Section 689.01, Florida Statutes, requires that a lease for a term of more than one year be in writing . . .

UNITED STATES POSTAL SERVICE, v. AMERICAN POSTAL WORKERS UNION, MAL UNLA, 367 F. App'x 971 (11th Cir. 2010)

. . . agree with the Postal Service’s argument that the assignment here was invalid under Florida Statute § 689.01 . . . Here, because the parties did not comply with § 689.01, there was no transfer of interest in the property . . . Stat. § 689.01 provides: No estate or interest of freehold, or for a term of more than 1 year, or any . . .

SKYLAKE INSURANCE AGENCY, INC. v. NMB PLAZA, LLC,, 23 So. 3d 175 (Fla. Dist. Ct. App. 2009)

. . . .” § 689.01, Fla. . . . Stat. (2003). 689.01 How real estate conveyed. — No estate or interest of freehold, or for a term of . . . Under its plain language, section 689.01 is applicable to a conveyance of real estate, including a lease . . . The last sentence of section 689.01 states, “Corporations may convey in accordance with the provisions . . . Section 689.01 was therefore applicable here. See DGG Dev. Corp. v. . . .

In CALDWELL, Jr., 457 B.R. 845 (Bankr. M.D. Fla. 2009)

. . . Stat. § 689.01 (1997). . . . Quih-Claim Deed 1 was executed in conformity with Florida Statute Section 689.01. . . . Quit-Claim Deed II was executed in conformity with Florida Statute Section 689.01. . . . Stat. § 689.01; Sweat v. Yates, 463 So.2d 306, 307 (Fla. 1st DCA 1984). . . . Florida Statute Section 689.01 was amended in 2008 to clarify certain terms. . . .

In LETO, v., 315 F. App'x 800 (11th Cir. 2009)

. . . . § 689.01. . . .

In LETO, v., 315 F. App'x 800 (11th Cir. 2009)

. . . . § 689.01. . . .

PRO- ART DENTAL LAB, INC. v. V- STRATEGIC GROUP, LLC,, 986 So. 2d 1244 (Fla. 2008)

. . . P. 1.130(a)-(b); §§ 689.01, 692.01, 692.02, Fla. Stat. (2006). . . . this dispute: Did this supposed lease-termination "agreement” comply with the formalities of section 689.01 . . .

DGG DEVELOPMENT CORPORATION, v. ESTATE OF CAPPONI,, 983 So. 2d 1232 (Fla. Dist. Ct. App. 2008)

. . . Florida law, corporations may convey real property in accordance with the requirements of either section 689.01 . . . Section 689.01 requires any conveyance of real property to be signed in the presence of two subscribing . . . Similarly, if a deed is executed in compliance with section 689.01 but is signed by someone other than . . .

McKOY R. v. DeSILVIO, J., 974 So. 2d 539 (Fla. Dist. Ct. App. 2008)

. . . See § 689.01, Fla. . . .

KEY, v. TRATTMANN,, 959 So. 2d 339 (Fla. Dist. Ct. App. 2007)

. . . See also § 689.01, Fla. Stat. (2003). . . . Section 689.01, Florida Statutes (2003), provides: No estate or interest of freehold, or for a term of . . .

RICE, v. L. RICE,, 499 F. Supp. 2d 1245 (M.D. Fla. 2007)

. . . . §§ 689.01, 725.01; see also Guest v. . . . Stat. §§ 695.03 and 689.01. . . .

B. TUNNAGE, v. K. GREEN,, 947 So. 2d 686 (Fla. Dist. Ct. App. 2007)

. . . Florida Statutes section 689.01 (2005), provides that a deed transferring an interest in real property . . .

C. FREE, v. FREE, f k a, 936 So. 2d 699 (Fla. Dist. Ct. App. 2006)

. . . contract was unenforceable because it did not have the signatures of two witnesses required by section 689.01 . . . He bases this argument on the provisions of section 689.01, Florida Statutes, which essentially require . . . Therefore, section 689.01 does not apply to mortgages, see Walker v. . . .

L. McINTOSH, W. v. GAUTHIER, G. C., 182 F. App'x 884 (11th Cir. 2006)

. . . . § 689.01. . . . Section 689.01 does not expressly exclude vendees or purchasers from subscribing to deeds which purport . . . Thus, the quitclaim deed failed to satisfy the requirements of § 689.01. . . .

In RANCH HOUSE MOTOR INN INTERNATIONAL, INC. L. FMS v. L., 335 B.R. 894 (Bankr. M.D. Fla. 2006)

. . . that FMS’s claim of parking is barred by the statute of frauds as contained in sections 725.01 and 689.01 . . .

PADRON WAREHOUSE CORP. a v. THE REALTY ASSOCIATES FUND III, L. P. III, a J., 377 F. Supp. 2d 1259 (S.D. Fla. 2005)

. . . . § 689.01 allows a corporation to convey property under seal or in the presence of two subscribing witnesses . . . , and further states that conveyance may be made under § 689.01 or § 692.01. . . . But even if § 689.01’s method is not available or somehow does not apply, § 692.01 is not limited to . . .

SKYLINE OUTDOOR COMMUNICATIONS, INC. v. N. JAMES,, 903 So. 2d 997 (Fla. Dist. Ct. App. 2005)

. . . Section 689.01, Florida Statutes, requires that an assignment of an interest of land for a term of more . . . Based on the requirements of section 689.01, Florida Statutes, and the reasoning in Ross, we REVERSE . . .

ESPRIELLA, v. DELVALLE,, 844 So. 2d 674 (Fla. Dist. Ct. App. 2003)

. . . finding that the deed “was not executed according to the requirements of Florida Statutes sections 689.01 . . . Section 689.01 of the Florida Statutes in general provides that creation or transfer of an interest in . . .

MARTIN PROPERTIES, INC. v. FLORIDA INDUSTRIES INVESTMENT CORPORATION, VOSR, 833 So. 2d 825 (Fla. Dist. Ct. App. 2002)

. . . valid because it was not signed in the presence of two subscribing witnesses as is required by section 689.01 . . . Florida cases addressing whether the equity of redemption is an interest in land covered by section 689.01 . . .

CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC. a v. H. PAYNE, Jr., 779 So. 2d 598 (Fla. Dist. Ct. App. 2001)

. . . did not comply with the two-witness requirement of Florida’s version of the Statute of Deeds, section 689.01 . . . among the property owners and emphatically do not constitute interests in real estate to which section 689.01 . . . properly viewed separately from the restrictions themselves and qualify as "easements” to which section 689.01 . . .

AMERICAN GENERAL HOME EQUITY, INC. v. COUNTRYWIDE HOME LOANS, INC., 769 So. 2d 508 (Fla. Dist. Ct. App. 2000)

. . . Section 689.01 requires that an interest in land be conveyed “by instrument in writing, signed in the . . .

GRIEM, v. ZABALA,, 744 So. 2d 1139 (Fla. Dist. Ct. App. 1999)

. . . . § 689.01 (1995). . . .

ALLEN DAMRON CONSTRUCTION COMPANY, v. MICKENS J., 725 So. 2d 1174 (Fla. Dist. Ct. App. 1998)

. . . finding that Damron had obtained it by fraud and that it was not executed in compliance with section 689.01 . . .

In WEST LAKELAND LAND COMPANY LIMITED PARTNERSHIP, WEST LAKELAND LAND COMPANY LIMITED PARTNERSHIP, v. UNITED STATES, 216 B.R. 892 (Bankr. M.D. Fla. 1998)

. . . . § 689.01, Fla. Stat. . . .

MULATO, v. MULATO,, 705 So. 2d 57 (Fla. Dist. Ct. App. 1997)

. . . However, pursuant to the plain language of section 689.01, a seal is not necessary to give validity to . . .

A. SORRELS, s, v. REBECCA S ICE CREAM, INC., 696 So. 2d 1313 (Fla. Dist. Ct. App. 1997)

. . . Pursuant to section 689.01, Florida Statutes (1993), an assignment or sublease for a lease with a term . . .

PATTERSON v. MADIGAN,, 693 So. 2d 137 (Fla. Dist. Ct. App. 1997)

. . . . § 689.01, Fla. Stat. (1996); § 725.01, Fla. Stat. (1996). . . .

BREVARD COUNTY, v. C. RAMSEY,, 658 So. 2d 1190 (Fla. Dist. Ct. App. 1995)

. . . Zuckerman noted that the formalities for conveyancing property are different in sections 689.01 (how . . . . §§ 689.01, 689.06, 732.502, Fla.Stat. (1993). . . .

FLORIDA WOMEN S MEDICAL CLINIC, INC. d b a s v. SULTAN,, 656 So. 2d 931 (Fla. Dist. Ct. App. 1995)

. . . premises and is not witnessed by two witnesses and is thus unenforceable pursuant to Florida Statute § 689.01 . . . complaint was based was not witnessed, and therefore, failed to comply with the provisions of section 689.01 . . .

THE FLORIDA BAR, v. H. JOHNSON,, 648 So. 2d 680 (Fla. 1994)

. . . Bartholomew and his wife, but the lease was executed only by Bartholomew and did not conform with section 689.01 . . .

C. NORDBERG, s v. GREEN,, 638 So. 2d 91 (Fla. Dist. Ct. App. 1994)

. . . See § 689.01, Fla.Stat. (1993). . . .

UNITED STATES v. SMITH, Jr., 844 F. Supp. 734 (M.D. Fla. 1994)

. . . . § 689.01 (an interest in land for a term of more than one year must be created by a written instrument . . .

HAIGHT, v. HALL,, 625 So. 2d 1311 (Fla. Dist. Ct. App. 1993)

. . . was void for lack of execution in the presence of subscribing witnesses in accordance with section 689.01 . . .

ZUCKERMAN, v. ALTER,, 615 So. 2d 661 (Fla. 1993)

. . . . § 689.01 (requiring real estate conveyances to be written and signed in the presence of two subscribing . . .

In L. MALMEN A., 140 B.R. 819 (Bankr. M.D. Fla. 1992)

. . . . §§ 689.01-.04 (1991). In this case that date appears to be October 3, 1991. . . .

TEMA INVESTMENTS, N. V. N. V. v. B. SOBEL a, 581 So. 2d 192 (Fla. Dist. Ct. App. 1991)

. . . . §§ 689.01, 692.01, 692.02, Fla. Stat. (1987). . . .

In O CONNELL, W. GRANT, v. P. PODES, 119 B.R. 311 (Bankr. M.D. Fla. 1990)

. . . . § 689.01 (1989). . . .

S. RICH, Jr. v. C. GULLIVER,, 564 So. 2d 578 (Fla. Dist. Ct. App. 1990)

. . . Flamingo Corp., 121 So.2d 803 (Fla. 3d DCA 1960); § 689.01, Fla.Stat. (1989); see also Segovia Inv., . . .

FORT LAUDERDALE SOUTHERN DEVELOPMENT CORP. v. BEACH BOYS PLAZA, INC., 539 So. 2d 560 (Fla. Dist. Ct. App. 1989)

. . . . § 689.01, Fla.Stat. (1987); Richardson v. Holman, 160 Fla. 65, 33 So.2d 641 (1948). . . .

BENASUTTI, v. COSTALAS, a k a, 526 So. 2d 1080 (Fla. Dist. Ct. App. 1988)

. . . The trial court granted summary judgment based on its belief that section 689.01, Florida Statutes (1987 . . . The trial court erred in applying section 689.01 to the facts of this case. . . . The agreement in this case can be compared to a contract for sale for purposes of section 689.01. . . . That instrument will fall under the requirements of section 689.01. . . . We decline the invitation to consider arguments other than the application of section 689.01. . . .

SCHUELER, v. FRANKE T., 522 So. 2d 904 (Fla. Dist. Ct. App. 1988)

. . . Section 689.01 requires that all deeds be signed in the presence of two subscribing witnesses. . . .

CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, v. B. SCHREIBER, W., 479 So. 2d 90 (Fla. 1985)

. . . Neither sections 689.01 — .03, Florida Statutes (1977), nor section 689.09 for that matter, contain any . . .

A. DEVLIN, v. THE PHOENIX, INC., 471 So. 2d 93 (Fla. Dist. Ct. App. 1985)

. . . See §§ 689.01, Fla.Stat., and 725.01, Fla.Stat. . See Crigger v. . . .

EARP SHRIVER, INC. v. C. EARP, 466 So. 2d 1225 (Fla. Dist. Ct. App. 1985)

. . . appeal from a judgment declaring void a deed for lack of subscribing witnesses as required by section 689.01 . . .

FOGAZZI v. TARTAN- LAVER DELRAY, INC., 11 Fla. Supp. 2d 59 (Fla. Cir. Ct. 1985)

. . . Fogazzi, as Trustee, is governed by Section 689.01(1) Florida Statutes. 3. . . .

MAJOR REALTY CORPORATION AND SUBSIDIARIES, v. COMMISSIONER OF INTERNAL REVENUE,, 749 F.2d 1483 (11th Cir. 1985)

. . . . § 689.01 (1981). . . . .

ROSENTHAL f k a v. FINGER AND MARGOLIS, P. A., 460 So. 2d 993 (Fla. Dist. Ct. App. 1984)

. . . , to be specifically enforceable, be signed in the presence of two witnesses as required by Section 689.01 . . . Zimmerman court explained that in formulating the rule it was relying on precedent which cited only section 689.01 . . . Carroll further explains: Since there is nothing in Section 689.01 to differentiate homestead realty, . . . upon the “duly executed” provision of the old constitution relating to homesteads and that Section 689.01 . . . The Carroll court declined as legislative prerogative to undertake to interpret Section 689.01 “to require . . .

SWEAT, v. YATES, C., 463 So. 2d 306 (Fla. Dist. Ct. App. 1984)

. . . law because it was not executed in the presence of two subscribing witnesses as required by Section 689.01 . . . Section 689.01, Florida Statutes, does not require that witnesses must subscribe in the presence of the . . .

MOORINGS ASSOCIATION, INC. a v. TORTOISE ISLAND COMMUNITIES, INC., 460 So. 2d 961 (Fla. Dist. Ct. App. 1984)

. . . . § 689.01, Fla.Stat. See Winters v. Alanco, Inc., 435 So.2d 326 (Fla. 2d DCA 1983); Dorsey v. . . . In this situation the deed or other written document satisfies the statutes (§§ 689.01 and 725.01, Fla.Stat . . . obligations implied as a matter of law, saves this exceptional situation from the effect of the statutes (§§ 689.01 . . .

AMERICAN LEGION COMMUNITY CLUB OF COCONUT GROVE, INC. v. DIAMOND,, 461 So. 2d 130 (Fla. Dist. Ct. App. 1984)

. . . Banks, 386 So.2d 1245 (Fla. 3d DCA 1980); § 689.01, Fla.Stat. (1983). . . .

HARTFORD ACCIDENT AND INDEMNITY COMPANY, v. L T, INC. Co., 455 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . orally encumber real and personal property, in violation of the statute of frauds, sections 679.203 and 689.01 . . .

SANDS, v. WOOTEN,, 439 So. 2d 1037 (Fla. Dist. Ct. App. 1983)

. . . for Dade County, Florida, each lack two subscribing witnesses as required by Florida Statutes, Sec. 689.01 . . .

L. WINTERS, J. J. A. H. L. P. K. M. v. ALANCO, INC. M. R. C. E. R. G. C. S. B. Sr. Jr. R. ALANCO, INC. v. L. WINTERS,, 435 So. 2d 326 (Fla. Dist. Ct. App. 1983)

. . . . §§ 689.01 and 725.01, Fla. Stat. (1981); Canell v. Arcola Housing Corp., 65 So.2d 849 (Fla.1953). . . .

CRIGGER v. FLORIDA POWER CORPORATION,, 436 So. 2d 937 (Fla. Dist. Ct. App. 1983)

. . . See e.g., § 689.01, Fla.Stat. (1981). . See e.g., § 695.01, Fla.Stat. (1981). . Downing v. . . .

L. PEACOCK T. v. AMERICAN AGRONOMICS CORPORATION, a, 422 So. 2d 55 (Fla. Dist. Ct. App. 1982)

. . . the agreements were unwitnessed and, therefore, not executed with the formalities required by section 689.01 . . .

In F. A. M. I. SERVICE SYSTEMS, INC. BRESLER MALLS, INC. a v. F. A. M. I. SERVICE SYSTEMS, INC., 19 B.R. 30 (Bankr. S.D. Fla. 1982)

. . . Florida Statute Section 689.01. Such requirements were not present in the putative assignment. . . .

POLISHUK, v. CAIDIN,, 411 So. 2d 244 (Fla. Dist. Ct. App. 1982)

. . . In response to the wife’s affirmative defense of the Statute of Frauds, § 689.01, Fla.Stat. (1979), the . . .

In BELIZE AIRWAYS LIMITED, D. SEIDLE, v. AEROSERVICE INTERNATIONAL INCORPORATED,, 12 B.R. 387 (Bankr. S.D. Fla. 1981)

. . . of Sublease was not signed by BAL in the presence of two subscribing witnesses, as required by Sec. 689.01 . . .

S. PASEKOFF L. a k a J. v. KAUFMAN,, 392 So. 2d 971 (Fla. Dist. Ct. App. 1981)

. . . See, Section 689.01, Florida Statutes (1977). . . .

ALLENDER, v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF TITUSVILLE, a, 389 So. 2d 1226 (Fla. Dist. Ct. App. 1980)

. . . Miami, 294 So.2d 11 (Fla.3d DCA 1974), and the assignment meets the witness requirements of section 689.01 . . .

GIRARD, v. Dr. TREMBLAY, 384 So. 2d 39 (Fla. Dist. Ct. App. 1980)

. . . therein] because the said trust agreement did not comply with the Florida statutory requirements [§ 689.01 . . .

BURCH, v. A. BRINKLEY, Jr., 382 So. 2d 440 (Fla. Dist. Ct. App. 1980)

. . . grounds that appellant failed to plead facts in the complaint negativing the application of Sections 689.01 . . . The trial judge was correct in ruling that § 689.01 controls the validity of the modification of the . . .

BARBER, v. W. HATCH, 380 So. 2d 536 (Fla. Dist. Ct. App. 1980)

. . . The evidence does not indicate that this document was signed or witnessed as required by Section 689.01 . . .

E. FORD, v. F. BARNES, 366 So. 2d 1235 (Fla. Dist. Ct. App. 1979)

. . . provisions meant that such a mortgage had to be executed with the formality of a deed as required by § 689.01 . . .

SEGOVIA INVESTMENTS, INC. v. KATOGAS SEGOVIA INVESTMENTS, INC. v. EMERALD PLAZA WEST, INC., 364 So. 2d 838 (Fla. Dist. Ct. App. 1978)

. . . The dismissal of the complaint was proper under Section 689.01, Florida Statutes (1977). . . .

M. WALKER v. CITY OF JACKSONVILLE, C., 360 So. 2d 52 (Fla. Dist. Ct. App. 1978)

. . . F.S. 689.01 requires that an interest in land be conveyed “by instrument in writing, signed in the presence . . .

CARROLL J. v. K. DOUGHERTY S., 355 So. 2d 843 (Fla. Dist. Ct. App. 1978)

. . . construed to mean that a mortgage had to be executed with the formality of a deed as required by Section 689.01 . . . Section 689.01, Florida Statutes (1975), provides that no real estate shall be transferred except by . . . Since there is nothing in Section 689.01 to differentiate homestead realty, the requirement for witnesses . . . upon the “duly executed” provision of the old constitution relating to homesteads and that Section 689.01 . . . We believe we would be overstepping our bounds to decide for policy reasons that Section 689.01 should . . .

BODDEN, d b a Op- v. P. CARBONELL, d b a, 354 So. 2d 927 (Fla. Dist. Ct. App. 1978)

. . . Although the lease does not comply with § 689.01, Fla.Stat. (1975) for lack of one witness to the five-year . . .

FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE, a v. DENT G. P., 350 So. 2d 481 (Fla. Dist. Ct. App. 1977)

. . . executed in behalf of the Bank by an agent “in the presence of two subscribing witnesses,” Section 689.01 . . .

BLOOM, v. WEISER,, 348 So. 2d 651 (Fla. Dist. Ct. App. 1977)

. . . failing to meet the requirements of the formalities of a deed of conveyance as set forth in Section 689.01 . . .

WICKES CORPORATION, d b a a v. MOXLEY B., 342 So. 2d 839 (Fla. Dist. Ct. App. 1977)

. . . provisions meant that such a mortgage had to be executed with the formality of a deed as required by § 689.01 . . . Wright, 289 So.2d 777 (Fla.4th DCA 1974). . § 689.01, Fla.Stat. (1975). . Koplon v. Smith, supra. . . .

RELIABLE FINANCE COMPANY, a v. C. AXON, 336 So. 2d 1271 (Fla. Dist. Ct. App. 1976)

. . . provisions meant that such a mortgage had to be executed with the formality of a deed as required by § 689.01 . . .

WILLIAMS, v. FOERSTER,, 335 So. 2d 810 (Fla. 1976)

. . . ineffectual, it being uncontroverted that the deed was signed by only one witness in contravention of Section 689.01 . . . estopped from contesting the validity of the deed on the basis that it did not comply with Section 689.01 . . .

SANTOS, v. W. BOGH,, 334 So. 2d 833 (Fla. Dist. Ct. App. 1976)

. . . witness, whereas the presence thereon of two subscribing witnesses was essential to its validity under § 689.01 . . . of an interest in the property, because it did not have two subscribing witnesses as required by § 689.01 . . .

FIRST GULF BEACH BANK AND TRUST COMPANY, v. GRUBAUGH,, 330 So. 2d 205 (Fla. Dist. Ct. App. 1976)

. . . real property, the enforcing of this alleged oral agreement would be violative of Fla.Stat., Secs. 689.01 . . .

W. v. D. a k a E. Jr., 323 So. 2d 35 (Fla. Dist. Ct. App. 1975)

. . . . § 689.01; Parken v. Stafford, 48 Fla. 290, 37 So. 567 (1904); First National Bank of Leesburg v. . . .

TAYLOR, d b a v. H. ROSMAN,, 312 So. 2d 239 (Fla. Dist. Ct. App. 1975)

. . . . § 689.01, F.S.A. because on the face of the agreement only one subscribing witness to the signature . . . Further, we hold that the appellee is estopped to defeat the second lease agreement by asserting Section 689.01 . . .

CARROLL J. v. K. DOUGHERTY S., 302 So. 2d 439 (Fla. Dist. Ct. App. 1974)

. . . must, to be specifically enforceable, be signed in the presence of two witnesses as required by Sec. 689.01 . . .

EPSTEIN, v. DEERFIELD BEACH BANK AND TRUST COMPANY, a S., 280 So. 2d 690 (Fla. Dist. Ct. App. 1973)

. . . Hence, according to the Bank, the deed did not satisfy the formal requirements of either § 689.01 or . . .

CON- DEV OF VERO BEACH, INC. a v. V. CASANO M., 272 So. 2d 203 (Fla. Dist. Ct. App. 1973)

. . . (c) Improper execution of the contract sued on under F.S. 689.01, F.S.A. . . . All were erroneously stricken except (c), improper execution of the contract under § 689.01, F.S. 1969 . . . Section 689.01 provides: “689.01 How real estate conveyed.— No estate or interest of freehold, . . . . . . This defense was immaterial and, therefore, properly stricken as Section 689.01 applies to conveyances . . . classes, defendant’s affirmative defense that the contract was not witnessed as required by Section 689.01 . . .

E. KOPLON, v. SMITH, 271 So. 2d 762 (Fla. 1972)

. . . . § 689.01, F.S.A. The specific performance was decreed after appellant-owner’s failure to close. . . . There is bare language in Radabatigh reciting the requirement of execution with the formalities of § 689.01 . . .

H. J. KRONER, A. De La v. ESTEVES G., 245 So. 2d 141 (Fla. Dist. Ct. App. 1971)

. . . That Florida Statute 689.01 requires that the contract for the sale of real property must be ‘signed . . . the sale of real property to be enforceable must be executed with the formality required by F.S. § 689.01 . . . Diedrich, Fla.1957, 97 So.2d 120, the Supreme Court of Florida said, “We think that Sec. 689.01, supra . . . contract is for the sale of real property and the contract is not executed in conformity with F.S. § 689.01 . . . otherwise complete and lawful but does not have the requisite number of witnesses to conform to F.S. § 689.01 . . .

TINO v. OUTDOOR MEDIA, INC. a, 242 So. 2d 196 (Fla. Dist. Ct. App. 1970)

. . . The lease was defective also because not witnessed as required by § 689.01 Fla.Stat., F.S.A. . . .

G. RADABAUGH v. W. WARE A., 241 So. 2d 738 (Fla. Dist. Ct. App. 1970)

. . . Section 689.01, Florida Statutes 1967, F.S.A., provides in part: “No estate or interest of freehold * . . . Section 689.01, F.S.A. Petersen v. Brotman, Fla.App.1958, 100 So.2d 821. . . . Section 689.01, F.S.A. . . .

GRIZZARD, v. HESS OIL COMPANY, 33 Fla. Supp. 128 (Lake Cty. Cir. Ct. 1970)

. . . . §§689.01 and 725.01); and signed in the presence of two subscribing witnesses by the lessor (if a natural . . . S. §689.01; Gill v. Livingston, 158 Fla. 577, 29 So.2d 631; Reed v. . . .

R. FIXEL, v. J. STEINGOLD, 226 So. 2d 269 (Fla. Dist. Ct. App. 1969)

. . . See § 725.01 and § 689.01 Fla.Stat., F.S.A. Affirmed. . . .

ROSS v. RICHTER, 187 So. 2d 653 (Fla. Dist. Ct. App. 1966)

. . . Sec. 689.01 F.S.A. . Sec. 731.07 F.S.A. . Cross v. . . .

BLUMIN v. W. ELLIS, Jr. a, 186 So. 2d 286 (Fla. Dist. Ct. App. 1966)

. . . Neither oitr Statute of Frauds — § 725.01, Fla.Stats., F.S.A., nor our Recording Act — § 689.01, Fla.Stats . . .

ABC LIQUORS, INC. a v. M. ATHANASON A., 184 So. 2d 521 (Fla. Dist. Ct. App. 1966)

. . . Section 689.01, F.S.A., requires that an interest in land of a term of more than one year may be conveyed . . .

COMMERCIAL ACCEPTANCE CORPORATION, v. BARNES, 179 So. 2d 251 (Fla. Dist. Ct. App. 1965)

. . . Section 689.01, Florida Statutes, F.S.A., provides in effect that no estate or interest in land may be . . . 97 So.2d 860, 862; Article X, section 4, Constitution of the State of Florida, F.S.A.; and section 689.01 . . .

L. HAGAN, L. v. LARAGIONE,, 170 So. 2d 69 (Fla. Dist. Ct. App. 1964)

. . . real property, the enforcing of this alleged oral agreement would be violative of Fla.Stat., Secs. 689.01 . . .

McBRYDE, v. S. S. LOWE, Jr. W., 163 So. 2d 896 (Fla. Dist. Ct. App. 1964)

. . . Sec. 689.01, Fla.Stat., F.S. . . . Admittedly, if such were the case, the assignment would not have to comply with Sec. 689.01, and it would . . . This lease, being for a term of more than one year, comes within the purview of Sec. 689.01. . . . Sec. 689.01, Florida Statutes 1941 (5662 C.G.L.1927; Section 5, Chapter 20954, Laws of Florida, 1941) . . . Admittedly, this interest in the fee does not come within the provisions of Sec. 689.01, as it arose . . .

CANTOR, v. PALMER S. E., 163 So. 2d 508 (Fla. Dist. Ct. App. 1964)

. . . interest in said real property, certain or uncertain, to the Plaintiff, in the manner required by Section 689.01 . . .