In short: The Cutlip v. Dorsey argument (Fla. 5th DCA, No. 5D13-4482) involves a family property dispute after a deed transfer and an earlier reformation action the property owner wasn’t part of. It raises constructive notice from recorded documents, the bona fide purchaser defense, and Florida’s fraudulent transfer law. We haven’t located a published decision.
Family deeds go wrong in predictable ways: transfers between relatives, a prior lawsuit, and a buyer or lender who relied on the public records.
The Case as Argued
According to the oral argument, the appellant challenged a deed transfer and related claims involving family property and encumbrances, including an earlier reformation action to which she wasn’t a party. The issues argued included constructive notice from recorded documents, whether a purchaser was a bona fide purchaser without notice, and Florida’s Uniform Fraudulent Transfer Act.
Outcome: We have not located a published decision for this appeal. Many appeals end in an unpublished affirmance or a dismissal. Check the court’s online docket before relying on any result. The case facts below come from the oral argument, not from a court opinion.
The Law
- Recording act: an unrecorded conveyance or mortgage is void against a later purchaser for value without notice (§ 695.01). Recorded documents give constructive notice to everyone.
- Deed formalities: a deed must be signed in the presence of two subscribing witnesses (§ 689.01).
- Fraudulent transfers: a transfer made with intent to hinder, delay, or defraud creditors can be set aside (§ 726.105), but a good-faith transferee for reasonably equivalent value may be protected.
- Due process: a judgment generally binds only parties to the case. An owner who wasn’t joined in a reformation suit may not be bound by it.
Lessons
- Before buying or lending against family property, review the full title chain and any lawsuits affecting it.
- If you have an interest in property, record it.
- Family members transferring property to avoid creditors risk having the transfer undone.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. We have not located a published decision in this appeal, so treat the argument as illustration, not as the court’s ruling.
Who Gets the House? Error, Deeds & Family Betrayal
Go Deeper
- Fighting Over the House in Florida Probate: Stopping a Sale, Multiple Heirs, and Partition
- Undue Influence Beyond the Will: Deeds, Lifetime Gifts, and Trust Changes in Florida
Frequently Asked Questions
What does recording a deed do in Florida?
It gives constructive notice to the world and protects against later purchasers under § 695.01.
What is a bona fide purchaser?
A buyer who pays value without notice of prior claims. Florida’s recording act protects them against unrecorded interests.
Can a family property transfer be undone as fraudulent?
Yes, if made to hinder, delay, or defraud creditors under § 726.105, subject to protections for good-faith buyers.
What was the outcome in Cutlip v. Dorsey?
We have not located a published decision. Check the Fifth District docket for No. 5D13-4482.
Talk to a Florida probate and real estate lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are 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.
