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County Attorney's Report 17. 1.

BCC Regular Meeting

Information

Meeting Date:	10/20/2016
Issue: Joel Havener, et al. v. First American Title Insurance Company, et al., Case No. 2013 CA 001041
From:	Stephen West
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Joel Havener, et al. v. First American Title Insurance Company, et al., Case No. 2013 CA 001041.

That the Board accept the informational report concerning Joel Havener and Mary Jane Havener v. First American Title Insurance Company, Rose Linda Fussell, Nathan Swafford, Ranae Lynn Stewart, REO Exit Realty NFI, Lydia Davis, Horizon Properties of Pensacola, Inc. d/b/a Remax Horizons Realty (Case No. 2013 CA 001041).

BACKGROUND:

The County has been named as a defendant in Joel Havener, et al. v. First American Title, et al. The County Attorney's Office will defend the lawsuit once the complaint is served.

In 2012, the Haveners purchased residential property located on the eastern, unimproved portion of Kersey Road. The Haveners' complaint alleges that their sellers, title insurance company, and other realtors and real estate professionals were negligent and/or fraudulently misrepresented that the eastern portion of Kersey Road was a public road and maintained by the County. However, the eastern portion of Kersey Road is not a public road and has not been maintained by the County.

The Haveners first filed their lawsuit in 2013, but the Court recently granted their motion to add an additional count to their complaint naming the County as a defendant. The count against the County seeks a declaratory judgment finding that the unimproved portion of Kersey Road is a public road, that the County has accepted the road for public use, and that the County has a duty to provide maintenance that allows access for the Haveners and other members of the public.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

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