Jones Boat Yard, Inc. v. Jones

Full title: JONES BOAT YARD, INC., a Florida corporation, Appellant, vs. JOYCE JONES…

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 24, 1999

728 So. 2d 364 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-2945

Opinion filed March 24, 1999. JANUARY TERM, A.D., 1999

An Appeal from the Circuit Court for Miami-Dade County, Norman S. Gerstein, Judge, L.T. No. 96-5521.

Tilghman Vieth, and Robert C. Tilghman, for appellant.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin, and Robert C. Josefsberg; Frank D. Newman, for appellees.

Before GERSTEN, GREEN, and FLETCHER, JJ.

PER CURIAM.

Jones Boat Yard, Inc. ("JBY") appeals an adverse judgment in favor of Joyce Jones ("Jones") in a quiet title suit. We reverse.

Because the JBY possessed the property deed at issue, Jones' intent to convey it to JBY is presumed. See Janes v. Janes, 15 So.2d 677 (Fla. 1943). The trial court erred in admitting parol evidence of the conveyor's intent. See Fleming v. Fleming, 352 So.2d 895 (Fla. 1st DCA 1977), cert. denied, 367 So.2d 1123 (Fla. 1979).

Furthermore, the manifest weight of the evidence clearly established that JBY owns the property. We, therefore, reverse the judgment entered below and remand for entry of judgment in favor of JBY, naming it owner of the property at issue. See Branam v. Aqua-Clear Pools, Inc., 672 So.2d 69 (Fla. 3d DCA 1996).

Reversed and remanded with directions.