WILLARD HOMES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
OLA SANDERS, JR., AND MARY C. SANDERS, HUSBAND AND WIFE, APPELLEES
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Willard Homes, Inc. appealed a summary judgment dismissing its action to impress a constructive trust on real property it had funded but conveyed to its vice president Ola Sanders, Jr. and his wife. The trial court granted summary judgment for the Sanderses on the ground that as tenants by the entirety they owned the property free of any trust claim. The court reversed, finding genuine issues of material fact precluded summary judgment.
Reversed and remanded. The appellate court held that a genuine issue of material fact existed precluding summary judgment. While the settled principle of resulting trusts applies—that when purchase money is paid by one person and title is taken in another's name, a resulting trust arises—the facts here, as revealed in the pleadings and depositions, did not permit adjudication as a matter of law.
“It is a settled principle of law in this jurisdiction that where the purchase money of land is paid by one person and title is taken in the name of another a resulting trust arises and the party taking the title is presumed to hold it in trust for him who pays the purchase price.”
Establishes the foundational resulting trust doctrine applicable to the case
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Join FLexlaw to unlock all legal intelligenceWillard Homes, Inc., a construction company, supplied funds for the purchase and improvement of real property, which it conveyed to Ola Sanders, Jr. (…
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The appellant, plaintiff below, has appealed from a summary final decree entered on behalf of the appellees, defendants below. Willard Homes, Inc., seeks to impress a trust upon real property purchased by it and conveyed to Ola Sanders, Jr., at that time a vice president of the corporation, and his wife, Mary C. Sanders. Willard Homes, Inc., engaged in the construction of residence properties, alleges in its complaint that it supplied the funds for the purchase and improvement of real property, conveying it to Ola Sanders, Jr., and Mary C. Sanders, his wife, without consideration to enable the grantees to effect a sale of the property. By answer Ola Sanders, Jr., and Mary C. Sanders, his wife, allege that the conveyance was a gift absolute. Mary C. Sanders was never an employee or agent of Willard Homes, Inc. Upon the motion of Ola Sanders, Jr., and his wife, for a summary judgment, supported by their affidavits that there was never any agreement or understanding they would reconvey the property to the corporation, the court entered a summary final decree finding among other things that Willard Homes, Inc., could not recover as a matter of law because the property is owned by Ola Sanders, Jr., and Mary C. Sanders, as tenants by the entirety.
It is a settled principle of law in this jurisdiction that where the purchase money of land is paid by one person and title is taken in the name of another a resulting trust arises and the party taking the title is presumed to hold it in trust for him who pays the purchase price. Martin v. Wilson, Fla.App.1959, 115 So.2d 573; Pyle v. Pyle, Fla.1951, 53 So.2d 312; Walker v. Landress, 111 Fla. 356, 149 So. 545. A careful consideration of the pleadings and depositions in this cause reveals the existence of a genuine issue of material fact precluding the entry of a summary judgment. It is the function of a trial court in passing on a motion for summary judgment to ascertain if there exists a genuine issue of material fact rather than adjudicate the probative weight of the evidence as it pertains to disputed facts. Patty v. Food Fair Stores of Florida, Inc., Fla.App.1958, 101 So.2d 881; Fechtmeyer v. *698Caribbean Keys, Fla.App.1960, 124 So.2d 521.
Reversed and remanded for further proceedings in conformity with this opinion.
KANNER, Acting C. J., and SHANNON, J., concur.
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Herold v. Computer Components Int'l, Inc., 252 So. 2d 576 (Fla. 4th DCA 1971)…a.App.1960, 125 So. 2d 109. The trial court may not try or determine factual issues in such proceedings, Humphrys v. Jarrell, Fla.App.1958, 104 So. 2d 404; Jones v. Stoutenburgh, Fla.1956, 91 So. 2d 299; Willard Homes, Inc. v. Sanders, Fla.App.1961, 127 So. 2d 696. Plaintiff asserted the existence of an agency relationship between Griffin and Computer and defendants asserted the nonexistence of any such agency relationship. Clearly, a material fact issue existed with respect to this agency relationship. To d…
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State v. West, 262 So. 2d 457 (Fla. 4th DCA 1972)…Coquina Ridge Properties v. East West Company, Fla.App.1971, 255 So. 2d 279; Strode v. Southern Steel Construction Company, Fla.App.1966, 188 So. 2d 690; Baskin v. Griffith, Fla.App.1961, 127 So. 2d 467; Willard Homes, Inc. v. Sanders, Fla.App.1961, 127 So. 2d 696; Humphrys v. Jarrell, Fla.App.1958, 104 So. 2d 404; Jones v. Stoutenburgh, Fla.1956, 91 So. 2d 299. For the foregoing reasons, we are of the opinion that the trial court should not have entered the order of dismissal. The matter should be disposed…
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Coquina Ridge Props. v. E. W. Co., 255 So. 2d 279 (Fla. 4th DCA 1971)…er of fact and determine controverted issues of fact. Baskin v. Griffith, Fla.App.1961, 127 So. 2d 467; Humphrys v. Jarrell, Fla.App.1958, 104 So. 2d 404; Jones v. Stoutenburgh, Fla.1956, 91 So. 2d 299; Willard Homes, Inc. v. Sanders, Fla.App. 1961, 127 So. 2d 696; Strode v. Southern Steel Construction Company, Fla.App.1966, 188 So. 2d 690.1 Even if the judge who is hearing the motion for summary judgment will be the same judge who will determine controverted issues of fact following a full hearing on the mer…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Walker v. Landress, 111 Fla. 356 (Fla. 1933)
- Pyle v. Pyle, 53 So.2d 312 (Fla. 1951)
- Martin v. Wilson, 115 So. 2d 573 (Fla. 1st DCA 1959)
- Patty v. Food Fair Stores OF Fla., Inc., 101 So. 2d 881 (Fla. 3d DCA 1958)
- Fechtmeyer v. Caribbean Keys, 124 So. 2d 521 (Fla. 2d DCA 1960)