In short: Not in the Second District. In Crist v. Manhattan Palms Association One, LLC, decided July 23, 2025, the court held that a clerk’s duty to keep the official records index under section 28.222 is owed to the general public, so sovereign immunity bars a buyer’s negligence suit over a misspelled index entry. The court certified conflict with the Fourth District’s Dixon decision, and the Florida Supreme Court accepted review in July 2026.
The Facts
In 2008 Gerlinde Nelson bought two parcels in Hillsborough County and mortgaged each to Regions Bank. Both mortgages were properly recorded. The clerk indexed one under her correct name, but indexed the other under “Gerlinde Nelso,” dropping the final “n.”
Manhattan Palms Association One, LLC bought the second parcel at auction in 2022. In 2023 the property was sold at a tax deed sale, leaving a surplus of $138,222.44. Manhattan Palms claimed the surplus, but so did a claimant acting for Regions Bank, and the clerk paid the surplus to that claimant.
Manhattan Palms sued the clerk for negligence, alleging that if the mortgage had been indexed correctly it would have found the lien and never bought the property. The trial court denied the clerk’s motion to dismiss, considering itself bound by First American Title Insurance Co. of St. Lucie County v. Dixon, 603 So. 2d 562 (Fla. 4th DCA 1992), and the clerk appealed. The case was argued February 4, 2025.
- The clerk argued that recording and indexing are separate duties, that the mortgage was recorded correctly, and that the index is kept for the public at large, not for a discernible class of people.
- Manhattan Palms argued that section 28.222 imposes a specific duty to keep an accurate index for creditors and later purchasers, who pay fees for that service, and that Dixon was well reasoned.
- The panel pressed both sides on whether a buyer relying on a name-only search was doing its own due diligence, and on whether Dixon rested on concessions the clerk made in that case.
The Decision
The Second District reversed on July 23, 2025, and remanded with instructions to dismiss the complaint with prejudice. It held that the clerk’s obligation under section 28.222(2) to maintain a general alphabetical index benefits the general public, not any individual or identifiable class, so sovereign immunity bars the claim.
The court stressed that recording is not indexing. The clerk owed a duty under section 695.01 to record the Regions mortgage and did so. Manhattan Palms used the index more than a decade later as a member of the general public. The court also noted in a footnote that Manhattan Palms could have searched the title by the property’s legal description, and it appears it did not.
The court disagreed with Dixon, saying it “confused recording of a document with indexing the document,” and certified conflict with that decision.
Further review: the case is pending in the Florida Supreme Court as No. SC2025-1283. The Court accepted jurisdiction on July 20, 2026, and the Florida Land Title Association gave notice that it intends to file an amicus brief. The Second District’s decision may be changed by that review.
The Law
Section 28.222(2) requires the clerk to record instruments in the Official Records, keep a register showing the filing number, date and hour, the kind of instrument and the names of the parties, and maintain a general alphabetical index, direct and inverse, of all instruments filed for record.
Section 695.01 makes a conveyance or mortgage ineffective against later creditors and purchasers for value without notice unless it is recorded. The Second District treated that recording duty as distinct from the indexing duty.
Section 768.28 waives sovereign immunity for torts only where a private person would be liable under similar circumstances. Under Pollock v. Florida Department of Highway Patrol, 882 So. 2d 928 (Fla. 2004), a duty owed to the public generally does not support a negligence claim against the government unless an official assumes a special duty to the plaintiff.
Lessons
- Search title by legal description and parcel, not just by owner name. An index typo will not show up in a name search, and in the Second District the clerk is not liable for it.
- Buy title insurance and use an experienced title searcher for auction and tax deed purchases. Those buyers often skip both.
- There is now a conflict between the Second and Fourth Districts on clerk liability for indexing errors. Watch for the Florida Supreme Court’s decision in SC2025-1283.
- The Second District treated recording, not indexing, as the clerk’s duty to purchasers under section 695.01. A correctly recorded document with a typo in the index is still on record.
Source: Crist v. Manhattan Palms Association One, LLC, No. 2D2024-1062 (Fla. 2d DCA July 23, 2025); ACIS docket; Florida Supreme Court review pending, No. SC2025-1283 (jurisdiction accepted July 20, 2026).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
🔏 Misspelled Name in Property Records — Is the Clerk Immune? | 24-1062
Go Deeper
- Judgment Against a Short Name, Title in a Longer One: Buyer Wins (Westport Recovery v. Adams)
- Does Title Insurance Cover an Easement You Could See? (Coast Development v. Old Republic)
- When Does the 60-Day Clock to Claim Foreclosure Surplus Start? (Eduartez v. Fannie Mae)
Frequently Asked Questions
Can I sue the clerk of court for a mistake in the property records?
In the Second District, not for an indexing error. Crist v. Manhattan Palms held that the clerk’s duty to keep the official records index is owed to the general public, so sovereign immunity bars the claim. The Fourth District’s Dixon decision went the other way, and the Florida Supreme Court has accepted review.
What happens if a mortgage is indexed under the wrong name?
The Second District focused on recording: the Regions mortgage was properly recorded, and the tax deed surplus went to a claimant for the bank, not to the buyer. Under that decision, a buyer who searched only by name and missed the mortgage cannot recover from the clerk.
Is a name search enough for a Florida title search?
No. A careful search also checks the legal description and parcel identification. The Second District noted that a legal-description search would have revealed the misindexed mortgage in this case.
Is the clerk's indexing error case going to the Florida Supreme Court?
Yes. The Second District certified conflict with Dixon, and the Florida Supreme Court accepted jurisdiction on July 20, 2026 in case No. SC2025-1283. Its decision will settle the conflict statewide.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
