Ross v. Chase Federal Savings & Loan Association, No. 80-1213

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; SCHWARTZ
Citation424 So.2d 779
PartiesTheadores W. ROSS, Appellant, v. CHASE FEDERAL SAVINGS & LOAN ASSOCIATION, Luis Perez, and Gladys Perez, his wife, Appellees.
Decision Date30 June 1981
Docket NumberNo. 80-1213

Page 779

424 So.2d 779
Theadores W. ROSS, Appellant,
v.
CHASE FEDERAL SAVINGS & LOAN ASSOCIATION, Luis Perez, and Gladys Perez, his wife, Appellees.
No. 80-1213.
District Court of Appeal of Florida,
Third District.
June 30, 1981.
Decision Vacated and Dissenting Opinion
Adopted on Rehearing En Banc
Oct. 12, 1982.
See 422 So.2d 911.

Appeal from Circuit Court, Dade County; Herbert M. Klein, Judge.

Jerry B. Schreiber, Miami, for appellant.

Therrel, Baisden, Stanton, Wood & Setlin and Frank R. Gramling, Miami Beach, John H. Duhig, Miami, for appellees.

Before BARKDULL, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

Affirmed. See: Zaucha v. Town of Medley, 66 So.2d 238 (Fla.1953); Williamson v. Kirby, 379 So.2d 693 (Fla. 4th DCA 1980); Leffler v. Smith, 388 So.2d 261 (Fla. 5th DCA 1980).

SCHWARTZ, Judge (dissenting).

A con man named Peter R. Cournoyer improperly induced Theadores W. Ross, an infirm lady who was almost 90 years of age, to transfer him title to her home on Miami Beach. She received no monetary consideration for the conveyance which was accomplished through a quit-claim deed, subsequently recorded, which recited on its face that

THIS QUIT CLAIM DEED IS BEING GIVEN WITH THE CONSIDERATION BEING LOVE AND AFFECTION. 1

Cournoyer then sold the property to Luis and Gladys Perez for $50,000, much of it supplied through a mortgage given by Chase Federal Savings & Loan Association. 2 This appeal by Ms. Ross challenges the lower court's determination, rendered after non-jury trial, which denied her claim for rescission of the deed to Cournoyer on the ground that the Perezes and Chase had, as bona fide purchasers, obtained interests in the property superior to hers. I cannot agree to the majority's decision to affirm.

This court recently and squarely held in Florida National Bank and Trust Co. at Miami v. Havris, 366 So.2d 491 (Fla. 3d DCA 1979) that a deed given to a non-relative in return only for "love and affection" is "without consideration and ... invalid." 366 So.2d at 496. Since Cournoyer was admittedly not related by blood or marriage to Ms. Ross, this principle is plainly applicable to this case. It is just as apparent that the Perezes and Chase were on implied or constructive notice of the resulting invalidity of the deed. The face of the recorded instrument itself shows that the only consideration was "love and affection" and did not affirmatively indicate any relationship between the grantor and grantee, who have different names. I...

To continue reading

Request your trial
1 practice notes
  • Chase Federal Sav. and Loan Ass'n v. Schreiber, No. 63017
    • United States
    • United States State Supreme Court of Florida
    • August 30, 1985
    ...purchasers for value without notice and Chase Federal could not claim a valid mortgage on the property. The district court of appeal, 424 So.2d 779, Page 92 initially rejected Ross's argument and affirmed the trial court's order without opinion. Judge Schwartz dissented. Ross moved for rehe......
1 cases
  • Chase Federal Sav. and Loan Ass'n v. Schreiber, No. 63017
    • United States
    • United States State Supreme Court of Florida
    • August 30, 1985
    ...purchasers for value without notice and Chase Federal could not claim a valid mortgage on the property. The district court of appeal, 424 So.2d 779, Page 92 initially rejected Ross's argument and affirmed the trial court's order without opinion. Judge Schwartz dissented. Ross moved for rehe......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT