Persan v. Life Concepts, Inc.
Florida District Court of Appeal
738 So. 2d 1008 (1999)
- Written by Liz Nakamura, JD
Facts
William Demetree donated land to Central Florida Sheltered Workshop (CFSW) (defendant) for the purpose of building a community of group homes for disadvantaged and handicapped adults. There were no conditions indicated in the deed, and Demetree testified he intended the transfer to be a gift and not a charitable trust. CFSW raised money from the community to construct group homes on the donated land and operated the community for almost 15 years. Subsequently, Life Concepts, Inc., CFSW’s successor, decided to close the group-home community and sell the land. Gail Persan, on behalf of the disadvantaged adults living in the community, sued, arguing that Demetree’s gift of the land on which the community was built and operated created either a charitable or a resulting trust and that Life Concepts therefore could not sell the land or cease operating the group homes. The trial court dismissed Persan’s complaint, holding that Demetree made the land donation for a specific purpose but had not created a trust. Persan appealed.
Rule of Law
Issue
Holding and Reasoning (Griffin, J.)
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