Equitable Conversion

67 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Orange Brevard Plumbing & Heating Co. v. LA Croix
  137 So. 2d 201· Fla.· 1962-01-31 ·cited 84×
  The Florida Supreme Court held that proceeds from a voluntary sale of homestead property are exempt from creditor claims if the vendor demonstrates a good faith, pre-sale intention to reinvest the proceeds in another homestead within a reasonable time. This case of first impressi
• Home Dev. Co. OF ST. Petersburg, Inc. v. Bursani
  178 So. 2d 113· Fla.· 1965-07-14 ·cited 67×
  A dispute over the buyout of minority stockholders' shares in a homebuilding corporation where the parties entered into a stock purchase agreement and corporate charter provision allowing buyout at book or market value (whichever higher) in corporate assets. The Florida Supreme C
• J. C. Penney Co., Inc. v. Koff
  345 So. 2d 732· Fla. 4th DCA· 1977-03-18 ·cited 58×
  J.C. Penney appeals a trial court judgment rescinding a land sale agreement and denying its specific performance claim. The buyer sought rescission due to a zoning change that reduced the property's development density before closing, but the appellate court reversed, holding the
• Kozacik v. Kozacik
  157 Fla. 597· Fla.· 1946-06-11 ·cited 51×
  A contract for the sale of a joint tenant's interest, even if not executed with statutory formality (like subscribing witnesses), is sufficient in equity to sever the joint tenancy and extinguish the right of survivorship.
• Trotter v. Van Pelt
  144 Fla. 517· Fla.· 1940-10-01 ·cited 50×
  Dr. Triplett, a Virginia resident, executed a will in 1927 with three unattested codicils and died in 1930 owning real estate in both Virginia and Florida. Virginia courts probated the will as holographic and unattested, but Florida courts must determine the will's validity as to
• Perla M. Hull v. Md. Cas. Co.
  79 So. 2d 517· Fla.· 1954-12-10 ·cited 47×
  Hull, sole heir of a prior owner, claimed title to land through an unrecorded 1927 warranty deed. Maryland Casualty held recorded judgments against the prior grantor. The Florida Supreme Court reversed the dismissal of Hull's quiet title action, holding that an unrecorded deed ho
• Cain & Bultman, Inc. v. Miss SAM, Inc.
  409 So. 2d 114· Fla. 5th DCA· 1982-01-27 ·cited 45×
  This case resolves competing claims to Florida real property between Cain & Bultman (holder of a subsequently recorded mortgage) and Miss Sam (successor to contract purchasers under an unrecorded agreement for deed). The court held that Cain & Bultman acquired its mortgage with c
• H & L Land Co., Inc. v. Warner
  258 So. 2d 293· Fla. 2d DCA· 1972-02-11 ·cited 35×
  A vendor under a specifically enforceable installment land sale contract, who has received part of the purchase price and given the vendee possession, cannot unilaterally extinguish the vendee's equitable title upon default but must foreclose, similar to a purchase money mortgage
• Tingle v. Hornsby
  111 So. 2d 274· Fla. 1st DCA· 1959-03-26 ·cited 34×
  The widow and administratrix of a deceased husband appeals from a summary judgment in a declaratory action brought by the stepdaughter seeking to establish sole ownership of a contract to sell property. The court reversed and remanded, holding that the trial court erred in striki
• Brownlow v. Aman
  740 F.2d 1476· 10th Cir.· 1984-08-02 ·cited 33×
  The court held that the district court did not err in denying the appellants' motion to dismiss for lack of in personam jurisdiction and in rejecting their proffered jury instructions.
• State of Fla. ex rel. Four-Fifty Two-Thirty Corp. v. Dickinson
  322 So. 2d 525· Fla.· 1975-07-09 ·cited 26×
  Four-Fifty Two-Thirty Corp. sought a writ of mandamus to compel the Florida Comptroller and Department of Revenue to refund $73.63 in intangible personal property taxes paid on Agreements for Deed. The Florida Supreme Court held that Agreements for Deed constitute obligations sec
• Anchor Coupling Co., Inc. v. United States
  427 F.2d 429· 7th Cir.· 1970-05-28 ·cited 26×
  A settlement payment made to resolve litigation seeking specific performance of a contract for the sale of a company's assets is a nondeductible capital expenditure, not an ordinary and necessary business expense.
• Buck v. McNAB
  139 So. 2d 734· Fla. 2d DCA· 1962-03-21 ·cited 23×
  Walter Buck purchased two vacant lots from William H. McNab, Sr. under a written contract in 1955, but McNab died before closing. The executor, McNab Jr., initially cooperated but later refused to convey the property, claiming the lots actually belonged to McNab Sr.'s minor grand
• In re Est. of Mary Merwin Sweet v. First Nat'l Bank OF Clearwater under the Will of Mary Merwin Sweet
  254 So. 2d 562· Fla. 2d DCA· 1971-11-17 ·cited 21×
  The proceeds from a contract to sell real property belong to the estate as personalty, even if the seller dies before closing, and do not pass to a devisee of the real property.
• Tibbals v. The United States
  362 F.2d 266· Ct. Cl.· 1966-06-10 ·cited 20×
  The court held that the gain realized from the sale of lots to a closely-held corporation should be treated as capital gain, not ordinary income, because the corporation was a separate entity and its business activities could not be attributed to the individual taxpayer.
• Sparks v. The Charles Wayne Grp.
  568 So. 2d 512· Fla. 5th DCA· 1990-10-19 ·cited 18×
  The Sparks sought certiorari review of a trial court order discharging their lis pendens filed against property they contracted to purchase from the Charles Wayne Group. The court reversed, holding that non-defaulting purchasers under executory real estate contracts have an equit
• In re Est. OF Randolph A. Skuro
  487 So. 2d 1065· Fla.· 1986-05-01 ·cited 18×
  The doctrine of equitable conversion does not apply to contracts for the sale of homestead property if the owner is occupying the property as their home at the time of death.
• United States v. Hiles
  318 F.2d 56· 5th Cir.· 1963-05-17 ·cited 18×
  The court held that the cash value of the widow's dower interest, paid pursuant to an equity decree, qualifies for the marital deduction, but the payment for her homestead interest does not.
• Kan. City v. Alton R. Co.
  124 F.2d 780· 7th Cir.· 1941-12-18 ·cited 18×
  The court held that a claim for the lessor's organizational costs stated a legal cause of action properly joined with equitable claims, and that the lessee's handling of sale proceeds did not recognize the lessor's property rights in the fund.
• In re the Est. OF Randolph A. Skuro
  467 So. 2d 1098· Fla. 4th DCA· 1985-05-01 ·cited 17×
  The Fourth District Court of Appeal affirmed that a contract for sale of homestead property executed before the owner's death does not destroy the property's homestead status. The court rejected the doctrine of equitable conversion as applied to homestead property, holding that h
• Graham v. Graham
  79 So. 450· Ala.· 1918-06-13 ·cited 17×
  Two children of Mildred R. Graham seek to partition lands by claiming title through their mother's estate, but face claims from other heirs through their father William A. Graham. The court found insufficient evidence to establish the wife's fee simple ownership of the Autauga la
• Humble OIL & Ref. Co. v. Copeland
  398 F.2d 364· 4th Cir.· 1968-06-25 ·cited 13×
  A federal court in South Carolina lacks jurisdiction to determine title to Texas real estate, and should allow parties to litigate ownership in Texas courts.
• Wolofsky v. Behrman
  454 So. 2d 614· Fla. 4th DCA· 1984-07-05 ·cited 12×
  In a breach of contract action for the sale of a condominium, the trial court limited the vendor-defendants' liability to return of the purchaser's deposit. The appellate court reversed, holding that the vendors' refusal to close based solely on unauthorized brief occupancy of th
• Bonnet v. Trs. OF Schs. OF Twp. 41 N.
  563 F.2d 831· 7th Cir.· 1977-09-26 ·cited 12×
  The court held that the doctrine of equitable conversion applied, making the contract purchaser an indispensable party and requiring dismissal for lack of diversity jurisdiction.
• Arko Enters., Inc. v. Wood
  185 So. 2d 734· Fla. 1st DCA· 1966-04-05 ·cited 11×
  Arko Enterprises appeals a summary decree awarding plaintiffs their down payment on a purchase contract after the property was condemned via eminent domain before closing. The court reverses, holding that under the doctrine of equitable conversion, the vendees (Jackson and throug
• United States v. Certain Parcels OF Land IN Philadelphia
  130 F.2d 782· 3d Cir.· 1942-09-17 ·cited 10×
  The court held that the former owners are liable for the full year's real estate taxes assessed on January 1, 1941, as the tax was a lien on the property at that time, and equitable conversion does not exempt the land from taxation when the owners retained possession.
• The First Nat'l Bank & Tr. Co. of Chickasha v. United States
  462 F.2d 908· 10th Cir.· 1972-07-28 ·cited 8×
  The court held that the 'purchase' of the property occurred on the date the binding contract to sell was executed, not when the deed and possession were transferred.
• Hood v. United States
  256 F.2d 522· 9th Cir.· 1958-03-17 ·cited 8×
  The court held that the District Court lacked subject-matter jurisdiction because the aggregated claims did not meet the jurisdictional amount and no independent basis for jurisdiction was established.
• Greenwood v. Page
  138 F.2d 921· D.C. Cir.· 1943-10-18 ·cited 8×
  The court held that the interpretation of 'legal heirs' in a will, when the property is located in the District of Columbia but the testator was domiciled in Michigan, is governed by the law of the testator's domicile if the term is used as a word of purchase and the testator's i
• In Matter of Bernard Bergman v. Bergman
  585 F.2d 1171· 2d Cir.· 1978-10-13 ·cited 7×
  The court held that Bergman is not a legal or equitable owner of the Park Crescent property and thus not eligible to invoke Chapter XII of the Bankruptcy Act.
• Munshower v. Martin
  641 So. 2d 909· Fla. 3d DCA· 1994-07-12 ·cited 6×
  This case concerns a dispute over a house purchase agreement after Hurricane Andrew caused roof damage. The appellate court determined that the seller, not the buyer, bore the risk of loss for the damage under the contract's "as is" clause and casualty provision, and thus the sel
• In re the Est. of Vasco Cardini v. Janina Cardini
  305 So. 2d 71· Fla. 3d DCA· 1974-11-19 ·cited 6×
  This case involves consolidated appeals concerning the estate of Vasco Cardini, where the widow claims entitlement to proceeds from a property sale as a tenant by the entirety, while the executor argues she is limited to a dower interest. The court affirmed the trial court's judg
• McNEILL v. McNEILL
  135 So. 2d 785· Fla. 1st DCA· 1961-12-12 ·cited 6×
  This case addresses whether a trial court properly omitted a property settlement provision from a final divorce decree when the property was destroyed by fire after the parties executed their stipulation agreement. The court held that the trial court erred in failing to incorpora
• Weise v. Kizer
  435 So. 2d 381· Fla. 5th DCA· 1983-07-28 ·cited 5×
  Judith Weise appealed a judgment awarding half the sale proceeds of jointly-owned real property to the estate of her deceased co-tenant Wallace Cawthon. The Florida appellate court held that executing a contract to sell jointly-held property does not sever the joint tenancy or de
• Alvarez v. Garcia
  662 So. 2d 1312· Fla. 3d DCA· 1995-10-25 ·cited 4×
  The Florida Third District Court of Appeal reversed a trial court's order that reformed and enforced a sales contract, finding that the contract's terms, specifically an addendum and a clause regarding roof repairs, allowed the seller to cancel the contract rather than use insura
• United States v. 198.73 Acres OF Land
  800 F.2d 434· 4th Cir.· 1986-09-15 ·cited 4×
  The court held that the property is not subject to escheat because there are known heirs and the Commonwealth is estopped from arguing abandonment. The court also affirmed the rejection of the equitable conversion doctrine.
• Jacksonville Transp. Auth. v. Cont'l Equities, Inc.
  462 So. 2d 74· Fla. 1st DCA· 1985-01-03 ·cited 4×
  Jacksonville Transportation Authority appeals a summary judgment finding that Continental Equities has an equitable interest in land that JTA condemned and must compensate. The court reverses, holding that Continental's claim is barred by res judicata and collateral estoppel base
• Yaist v. The United States V. Olson Fla. Realty Co.
  656 F.2d 616· Ct. Cl.· 1981-07-29 ·cited 4×
  The United States, by acquiring and retaining property without bona fide purchaser status due to its negligent title search, has taken the property and owes just compensation to the plaintiff.
• Hathaway v. Boyd
  192 So. 2d 8· Fla. 3d DCA· 1966-11-08 ·cited 4×
  The court held that the plaintiff's alleged oral promise to convey property was insufficient to justify equitable relief and did not exempt him from the statute of non-claim.
• Bourke v. Krick
  304 F.2d 501· 4th Cir.· 1962-06-05 ·cited 4×
  A recorded deed conveying real property, even if subject to a prior contract of sale, provides constructive notice to subsequent assignees of the vendor's rights, rendering the assignment invalid against the recorded deed.
• Edlin v. Sec. Ins. Co.
  269 F.2d 159· 7th Cir.· 1959-06-04 ·cited 4×
  The court held that the Edlins suffered a loss under their fire insurance policies despite receiving payment for the property through eminent domain, and that the Authority was not entitled to the insurance proceeds via equitable subrogation.
• Polt v. Commissioner OF Internal Revenue
  233 F.2d 893· 2d Cir.· 1956-05-25 ·cited 4×
  The court held that mortgage salvage proceeds allocated to a trust beneficiary are taxable in the year of allocation, even if the trustee retains possession of the underlying securities pending a final accounting.
• Jones v. Whittington
  194 F.2d 812· 10th Cir.· 1952-02-20 ·cited 4×
  For federal income tax purposes, an estate during the period of administration is treated as a separate entity, and the executor, not the heir, must report capital gains and losses occurring during that period.
• Bolton McBRYDE v. Lowe
  163 So. 2d 896· Fla. 2d DCA· 1964-05-01 ·cited 3×
• Nelson Props., Inc. v. Denham
  123 Fla. 382· Fla.· 1936-03-06 ·cited 3×
  Nelson Properties, Inc. v. H. W. Denham concerns who is entitled to fire insurance proceeds when a building on leased property with a purchase option burns before the lease term expires and the option can be exercised. The Florida Supreme Court held that the tenant, having compli
• McDERMOTT v. Zions First Nat'l Bank, N.A.
  945 F.2d 1475· 10th Cir.· 1991-10-02 ·cited 2×
  A perfected and choate judgment lien, even on after-acquired property, takes priority over a federal tax lien if it is established before the federal tax lien notice is filed.
• In re J.D. Allen v. Mich. Nat'l Bank
  888 F.2d 1299· 10th Cir.· 1989-11-02 ·cited 2×
  The court held that the debtor's interest in the Purchase and Escrow Agreement was a 'general intangible' and that the transfer to Michigan National Bank was a contemporaneous exchange for new value, thus not an avoidable preferential transfer.
• Manley v. Fong
  734 F.2d 1415· 10th Cir.· 1984-05-18 ·cited 2×
  A nonresident defendant who enters into a contract for an interest in Oklahoma real property and waives a condition precedent to that contract thereby establishes sufficient minimum contacts to be subject to Oklahoma's long-arm statute and personal jurisdiction.
• Cheatham v. Carter Cnty.
  363 F.2d 582· 6th Cir.· 1966-07-20 ·cited 2×
  A federal court has jurisdiction over a suit for just compensation for land taken by a county, even if a state condemnation proceeding is pending, if the county knew of the plaintiffs' equitable interest but failed to join them as parties.
• Matter of Philadelphia Penn Worsted Co.
  278 F.2d 661· 3d Cir.· 1960-05-23 ·cited 2×
  A contract for the sale of real estate is an executory contract under Pennsylvania law and is therefore subject to rejection by a bankruptcy court under Section 70(b) of the Bankruptcy Act.