(1) The word “instrument” as used in this section shall be construed to mean and include not only instruments voluntarily executed but also papers filed or issued in or in connection with actions and other proceedings in court and orders, judgments and decrees entered therein and transcripts of such judgments and proceedings in foreclosure of mortgage or other liens.
(2) Variances between any two instruments affecting the title to the same real property both of which shall have been spread on the record for the period of more than 10 years among the public records of the county in which such real property is situated, with respect to the names of persons named in the respective instruments or in acknowledgments thereto arising from the full Christian name appearing in one and only the initial letter of that Christian name appearing in the other or from a full middle name appearing in one and only the initial letter of that middle name appearing in the other or from the initial letter of a middle name appearing in one and not appearing in the other, irrespective of which one of the two instruments in which any such variance occurred was prior in point of time to the other and irrespective of whether the instruments were executed or originated before or after August 5, 1953, shall not destroy or impair the presumption that the person so named in one of said instruments was the same person as the one so named in the other of said instruments which would exist if the names in the two instruments were identical; and, in spite of any such variance, the person so named in one of said instruments shall be presumed to be the same person as the one so named in the other until such time as the contrary appears and, until such time, either or both of such instruments or the record thereof or certified copy or copies of the record thereof shall be admissible in evidence in the same manner as though the names in the two instruments were identical.
History.—s. 1, ch. 28208, 1953.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 689 - Conveyances of Land and Declarations of Trust
689.01 - How Real Estate Conveyed.
689.02 - Form of Warranty Deed Prescribed.
689.041 - Curative Procedure for Scrivener’s Errors in Deeds.
689.045 - Conveyances to or by Partnership.
689.05 - How Declarations of Trust Proved.
689.06 - How Trust Estate Conveyed.
689.071 - Florida Land Trust Act.
689.073 - Powers Conferred on Trustee in Recorded Instrument.
689.075 - Inter Vivos Trusts; Powers Retained by Settlor.
689.08 - Fines and Common Recoveries.
689.09 - Deeds Under Statute of Uses.
689.10 - Words of Limitation and the Words “Fee Simple” Dispensed With.
689.11 - Conveyances Between Husband and Wife Direct; Homestead.
689.111 - Conveyances of Homestead; Power of Attorney.
689.115 - Estate by the Entirety in Mortgage Made or Assigned to Husband and Wife.
689.12 - How State Lands Conveyed for Educational Purposes.
689.15 - Estates by Survivorship.
689.17 - Rule in Shelley’s Case Abolished.
689.175 - Worthier Title Doctrine Abolished.
689.18 - Reverter or Forfeiture Provisions, Limitations; Exceptions.
689.19 - Variances of Names in Recorded Instruments.
689.20 - Limitation on Use of Word “minerals.”
689.225 - Statutory Rule Against Perpetuities.
689.261 - Sale of Residential Property; Disclosure of Ad Valorem Taxes to Prospective Purchaser.
689.27 - Termination by Servicemember of Agreement to Purchase Real Property.
689.28 - Prohibition Against Transfer Fee Covenants.
689.29 - Disclosure of Subsurface Rights to Prospective Purchaser.
689.301 - Disclosure of Known Defects in Sanitary Sewer Laterals to Prospective Purchaser.