Yawn v. Blackwell, 75--1402
| Citation | 343 So.2d 906 |
| Decision Date | 08 March 1977 |
| Docket Number | No. 75--1402,75--1402 |
| Parties | Emily YAWN et al., Appellants, v. Eugenia C. BLACKWELL, Individually and as Executrix of the Estate of Elizabeth Lesesne Collins, Deceased, Appellee. |
| Court | Court of Appeal of Florida (US) |
Prunty, Ross, DeLoach & Olsen, Miami, for appellants.
Hendricks & Hendricks, Coral Gables, for appellee.
Before HENDRY, C.J., and PEARSON and HUBBART, JJ.
The plaintiffs appeal a summary final judgment for the defendant. The plaintiffs in their complaint prayed for the imposition of a trust described as a constructive trust upon real property the title of which is held by the defendant, Eugenia C. Blackwell. The complaint was amended without changing any factual allegations to describe the trust claimed as a resulting trust.
There are many issues of fact appearing from the pleadings and affidavits before the trial court. The court determined that there was no genuine issue of material fact because, under the facts presented, the plaintiffs' claim was actually for the imposition of a constructive trust, which imposition is barred by Section 95.231, Florida Statutes (1975).
'95.231 Limitations where deed or will on record.--
'(2) After 20 years from the recording of a deed or the probate of a will purporting to convey real property, no person shall assert any claim to the property against the claimants under the deed or will or their successors in title.'
See Wadlington v. Edwards, 92 So.2d 629 (Fla.1957).
Plaintiffs urge that the determination was improperly made upon summary judgment. See the discussion in Baskin v. Griffith, 127 So.2d 467, 473--474 (Fla.1st DCA 1961). The Supreme Court of Florida, in speaking of the application of the twenty year statute of repose has held that there is a difference in the application of the statute to resulting trusts and to constructive trusts.
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General Coffee Corp., In re
...any of the cases mentioned above. The court relied exclusively on Wadlington v. Edwards, 92 So.2d 629 (Fla.1957) and Yawn v. Blackwell, 343 So.2d 906 (Fla. 3d DCA 1977). The court's entire reasoning was as An action for the declaration of a constructive trust may be barred if the events giv......
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Rigby v. Liles, BL-86
...void deeds, dower interest, and defective deeds. See Creary v. Estate of Creary, 338 So.2d 26 (Fla. 1st DCA 1976); Yawn v. Blackwell, 343 So.2d 906 (Fla. 3d DCA 1977); Holland v. Hattaway, The counts for quiet title and reformation before us do not conclusively appear, as a matter of law, t......
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In re General Coffee Corp.
...for an imposition of a constructive trust could be time barred. Wadlington v. Edwards, 92 So.2d 629 (Fla. 1957); and Yawn v. Blackwell, 343 So.2d 906 (Fla.3d DCA 1977). Based upon these decisions, the Palmland court reached the "inevitable" conclusion that if the "beneficiary" could be prec......
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In re Bicoastal Corp.
...interest of the overfunded pension plans. A constructive trust is created to correct a wrong or a fraud committed. Yawn v. Blackwell, 343 So.2d 906 (Fla. 3d DCA 1977); Doing v. Riley, supra. Clearly, there has been no fraud in this instance; instead, the parties merely have a dispute as to ......