Florida District Court of Appeal
786 So. 2d 65 (Fla. Dist. Ct. App. 2001)
Klaus and Rolf Zurstrassen, brothers, acquired title to two lots with a plan to sell them. When Klaus (plaintiff) was back in Germany for a time, Rolf fraudulently recorded a deed conveying him Klaus’s interests in the lots. When the brothers started the process of selling one of the lots, the realtor told Klaus that his name was not on the deed. Rolf told Klaus he did not know why his name was not on the deed. Klaus had to again return to Germany, so Rolf convinced him to sign an agreement recognizing Klaus’s interest, but stating that title to the lots was in Rolf’s name. Rolf then sold both lots to Stonier by quitclaim deed. Stonier then sold one of the lots to the Wihlborgs. Klaus brought suit to quiet title. Stonier and the Wihlborgs claimed that Klaus was estopped from bringing any claim to the property because due to his agreement with Rolf, Klaus knew that title was in Rolf’s name. The trial court granted Stonier and the Wihlborgs summary judgment. Klaus appealed.
Rule of Law
Holding and Reasoning (Warner, C.J.)
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