IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
GEORGE PETTIS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D17-506
LESHAUN MERRITT CHRISENTERY, UNKNOWN HEIRS OF HENRY PITTMAN AND FANNIE PITTMAN, HIS WIFE, BOTH DECEASED, UNKNOWN HEIRS OF FRED PITTMAN AND MARY PITTMAN, HIS WIFE, BOTH DECEASED, UNKNOWN HEIRS OF LUCINDA HESTER, A WIDOW, DECEASED, UNKNOWN HEIRS OF ULYSEE PITTMAN, DECEASED, UNKNOWN HEIRS OF ROBERT PITTMAN, DECEASED, JESSIE PITTMAN (KNOW HEIR OF ULYSEE PITTMAN), GERTRUDE PITTMAN, ELIZABETH PITTMAN ROBERTSON, UNKNOWN HEIRS OF CHANCE JOHNSON, DECEASED, JOSIE LEE JOHNSON (KNOWN HEIR OF CHANCE JOHNSON), SADIE R. JOHNSON, LUCILLE BENTLY, ULYSEES JOHNSON OR UNKNOWN HEIRS IF DECEASED, BENJAMIN JOHNSON OR UNKNOWN HEIRS IF DECEASED, LUCILLE J. BELL OR UNKNOWN HEIRS IF DECEASED, WILLIAM JOHNSON OR UNKNOWN HEIRS IF DECEASED, LONGSWORTH JOHNSON OR UNKNOWN HEIRS IF DECEASED, MARCUS L. LEWIS OR UNKNOWN HEIRS IF DECEASED, THE JACKSON COUNTY SCHOOL BOARD, THE UNKNOWN SPOUSES, HEIRS, DEVISEES, GRANTEES, CREDITORS AND ALL OTHER PARTIES CLAIMING BY THROUGH NED PITTMAN AND/OR LUCILLE PITTMAN HADLEY, OR EDWARD ANDREW JOHNSON, AND ALL OTHER PARTIES CLAIMING BY THROUGH, UNDER OR AGAINST THEM AND ALL UNKNOWN NATURAL PERSONS IF ALIVE, AND IF DEAD OR NOT KNOWN TO BE DEAD OR ALIVE, THEIR SEVERAL AND RESPECTIVE UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES AND CREDITORS OR OTHER PARTIES CLAIMING BY THROUGH OR UNDER THOSE UNKNOWN NATURAL PERSONS; AND ALL CLAIMANTS, PERSONS OR PARTIES, NATURAL OR CORPORATE, OR WHOSE EXACT LEGAL STATUS IS UNKNOWN, CLAIMING UNDER ANY OF THE ABOVE NAMES OR DESCRIBED DEFENDANTS OR PARTIES OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN AND TO THE LANDS HEREAFTER DESCRIBED,
Appellees.
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Opinion filed October 24, 2017.
An appeal from the Circuit Court for Jackson County. Wade Mercer, Judge.
Martha S. Eskuchen of Marianna, for Appellant.
Elizabeth M. Simpson of Marianna, for Appellees.
PER CURIAM.
George Pettis, the plaintiff below, appeals the adverse final judgment in this
convoluted dispute over the ownership of 60 acres of land located in "the East 1/2
of the Southeast 1/4 of Section 10 in Township 3 North, Range 10 West" in Jackson
County. Pettis' claim of ownership is based on a chain of title that dates back to
1898 but contains deeds with multiple problems, including 1942 and 1955 deeds that have obvious scrivener's errors in their legal descriptions 1 and a "root of title" deed
that, on its face, conveys an estate in the land that the grantor did not own. 2 Pettis
sought to reform the deeds, quiet his title, and, if necessary, partition the property
between himself and Appellees.
The trial court denied the reformation claim, concluding that it was barred by
the 20-year statute of limitations in section 95.231(2), Florida Statutes. This was
error. The plain language of this statute only bars claims "against the claimants
under the deed . . . or their successors in title." Here, Pettis is a successor in title
under the deeds he is seeking