Palmland Villas I Condominium Ass'n, Inc. v. Taylor, 79-1667
| Decision Date | 12 November 1980 |
| Docket Number | No. 79-1667,79-1667 |
| Citation | 390 So.2d 123 |
| Parties | PALMLAND VILLAS I CONDOMINIUM ASSOCIATION, INC., Appellant, v. Gordon A. TAYLOR et al., Econo Mobile Leasing, Inc., etc., Appellees. |
| Court | Florida District Court of Appeals |
Philip T. Crenshaw of Crenshaw & Crenshaw, P. A., Lake Worth, for appellant.
Kenneth H. Renick of Renick, Zwickel & Gross, Lake Worth, and Kenneth G. Spillias of Spillias & Mitchell, West Palm Beach, for appellee-Econo Mobile Leasing, Inc.
Charles B. Adams, West Palm Beach, for appellee-Nathaniel J. Orr.
Martha J. Cook, Tallahassee, for appellee-Department of Revenue, State of Florida.
This is an appeal from an order determining that the liens of certain creditors' judgments and a state tax warrant attached to real property prior to the creation of a constructive trust involving that property.
The real property was conveyed to Palmland Development Corp. on February 24, 1976, to be used for recreational purposes and the conveyance was duly recorded.
Subsequently a tax lien and three judgment liens were recorded against the property.
Thereafter, on January 5, 1979, a final judgment was entered declaring the real property to be held in constructive trust by virtue of the documents recorded in 1976. Jurisdiction to determine whether the liens attached to the property was specifically reserved by the trial court. No appeal was taken from that judgment. Thereafter the trial court determined that the liens did attach to the property and this appeal was taken by appellant, Intervenor/Third Party Plaintiff, from that determination.
Appellant's position is that the liens could not have attached since the property was a trust asset from the time of the conveyance and that the debtor-obligor was thereafter simply a trustee without power to pledge trust assets to secure its corporate obligations.
The result in this case turns upon the answer to the question, when does a constructive trust come into existence. We determine that a constructive trust comes into existence on the date of the order or judgment of a court of competent jurisdiction declaring that a series of events has given rise to a constructive trust.
A constructive trust arises by operation of law, Staples v. Battisti, 191 So.2d 583 (Fla. 3d DCA 1966), as opposed to a resulting trust which automatically arises out of certain circumstances. Grapes v. Mitchell, 159 So.2d 465 (Fla.1963). Both are creations of equity. The former is created by law to do equity under...
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Ward v. Comm'r of Internal Revenue
...intended, a constructive trust is imposed without regard to the intention of the parties. Palmland Villas I Condominium Association, Inc. v. Taylor, 390 So.2d 123, 125 (Fla. Dist. Ct. App. 1980). Indeed, in a constructive trust, ‘The element of intent or agreement either oral or written to ......
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In re Abrass
...(Fla.2d Dist.Ct. App.1958) (all applying, if not expressly adopting, the majority rule); but see Palmland Villas I Condominium Assoc. v. Taylor, 390 So.2d 123, 124 (Fla. 4th Dist.Ct.App.1980) (the only Florida appellate decision to reject the majority approach). 14 Indeed, the Eleventh Circ......
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General Coffee Corp., In re
...In re General Coffee Corp., 41 B.R. 781, 783 (Bankr.S.D.Fla.1984) (In re General Coffee I ) (quoting Palmland Villas I Condominium Assoc. v. Taylor, 390 So.2d 123, 124 (Fla. 4th DCA 1980)). Thus, the court concluded, CNB's constructive trust arose after General Coffee has filed for bankrupt......
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United States v. Diaz
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