Mayer v. Cianciolo
Florida District Court of Appeal
463 So. 2d 1219 (1985)
- Written by Liz Nakamura, JD
Facts
Kenneth Mayer (plaintiff) owned a home in Key Largo with his mother, Anita Mayer, as joint tenants with right of survivorship. Anita lived in the home alone, and Kenneth lived in his own home in Fort Lauderdale. When Anita became ill, she wanted to sell the Key Largo home in order to purchase a new home closer to Kenneth. To facilitate the sale of the Key Largo home, Kenneth quitclaimed his interest in the Key Largo home to Anita. There was no consideration exchanged for the quitclaim deed. Without notifying Kenneth, Anita then executed a will conveying one-half of the Key Largo home to the Watch Tower Bible and Tract Society (WTBTS). Anita subsequently died before the home could be sold. After Anita’s death, Kenneth sued Dominic Cianciolo (defendant), the personal representative of Anita’s estate, to set aside the quitclaim deed and impose a constructive trust. The trial court held that Kenneth had not established his entitlement to a constructive trust because he failed to show fraud or abuse of a confidential relationship by Anita. Kenneth appealed.
Rule of Law
Issue
Holding and Reasoning (Ferguson, J.)
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