Blake v. Blake

• Decision Date: 16 February 1965
• Docket Number: Nos. 64-467,64-627,s. 64-467
• Citation: 172 So.2d 9
• Parties: John Joseph BLAKE, Appellant, v. Norma W. BLAKE, Appellee. The FLORIDA NATIONAL BANK AND TRUST COMPANY AT MIAMI, a United States banking corporation, as Trustee, Appellant, v. Norma W. BLAKE and John Joseph Blake, Appellees.
• Court: Florida District Court of Appeals

Page 9

172 So.2d 9

John Joseph BLAKE, Appellant, v. Norma W. BLAKE, Appellee.

The FLORIDA NATIONAL BANK AND TRUST COMPANY AT MIAMI, a United States banking corporation, as Trustee, Appellant, v. Norma W. BLAKE and John Joseph Blake, Appellees.

Nos. 64-467, 64-627.

District Court of Appeal of Florida, Third District.

Feb. 16, 1965.

Rehearing Denied March 9, 1965.

Padgett, Teasley & Niles and James A. Lanier, II, Coral Gables, for John Joseph Blake.

J. M. Flowers, Miami, for Norma Blake.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl and James Knight, Miami, for Florida Nat. Bank.

Margaret E. Deaton, Tampa, as guardian.

Before BARKDULL, C. J., and CARROLL and HORTON, JJ.

HORTON, Judge.

The appellants herein are: (1) The Florida National Bank and Trust Company [hereinafter referred to as Trustee], (2) John Joseph Blake, settlor of a certain trust and counter-respondent in the divorce proceedings [hereinafter referred to as John], (3) Margaret G. Blake, farmer wife of appellant John [hereinafter referred to as Margaret], (4) Margaret E. Deaton, guardian of the property of Charlene Marilyn and Charles Blake [hereinafter referred to as Guardian]. They all appeal a final decree of divorce insofar as said decree relates to disposition of certain real property.

The facts in this litigation may be summed up as follows. Appellants John and Margaret were formerly husband and wife. During the course of their marriage, three children were born to them. In 1954, John created an irrevocable inter vivos trust, a part of the corpus being a certain home. In 1958, by virtue of a separation agreement incorporated in the final decree of divorce dissolving the marriage of John and Margaret, exclusive possession of the realty in question was granted to Margaret as a home for her and the children. This separation agreement was subsequently modified in 1962 and the Trustee was directed to sell the house and purchase for Margaret and the children a more suitable residence in Tampa, Florida. This was never accomplished as litigation involving construction of the trust arose and is still pending final disposition in another division of the circuit court.

Appellant John, after an intervening marriage and divorce, then married appellee herein. This latest marriage was similarly of short duration and in an amended final decree of divorce, the chancellor disposed of the realty in question as follows:

'(4) That the * * * interest of * * * John Joseph Blake * * * in the real * * * property * * * is hereby awarded to the plaintiff, Norma W. Blake.

'(6) That * * * the Florida National Bank and Trust Company * * * as Trustee * * * is ordered to convey to the plaintiff, Norma W. Blake * * * by deed of bargain and sale, the * * * right, title and interest of * * * John Joseph Blake * * * described in paragraph 4 * * * in default of said conveyance * * * this final decree * * * shall operate as a conveyance. * * *

'(9) That the Defendants, and each of them, and all parties claiming any interest by, through or under them, or either of them, is * * * enjoined and restrained from interfering with the plaintiff, Norma W. Blake, in the possession of said real property above described.'

Appellant Margaret and her children represented by the Guardian were refused intervention in the trial court although the decree determined the possessory right to the house. We find the trial court erred in...