Armstead Brown

This case was a replevin action in which plaintiff Galen M. Rowsey sought to recover possession of a 1946 Ford automobile from defendant Roy C. Inman in Florida circuit court. The trial court entered judgment for Rowsey, but the Florida Supreme Court reversed and remanded for entry of judgment consistent with its opinion. The facts showed that Rowsey sold the car in California to a buyer who paid with a worthless check and then quickly resold it through a chain of transactions that resulted in a valid Florida certificate of title being issued to Inman; Rowsey had failed to record his conditional sales contract, notify motor vehicle authorities, or otherwise perfect or protect his interest. The court held that Florida law protecting holders of certificates of title obtained through innocent purchasers controls, and applied the principle that when two innocent parties suffer loss due to a third party's fraud, the loss falls on the party whose conduct enabled the wrong.

property

This case concerned the estate of Angie C. Slawson, who died in December 1945, and whether her surviving husband John T. Slawson had validly renounced or gifted his distributive share of her personal property estate to her son Preston K. Sheldon before John's death eleven days later. The administratrix of John's estate petitioned for distribution of that share to John's heirs, but the county court and circuit court ruled in favor of Sheldon based on letters and a memorandum indicating John's possible intent to relinquish the interest. The Florida Supreme Court reversed, holding that John's statements expressed only a future intention to sign a legal document and did not constitute an actual renunciation, assignment, or completed gift of his vested interest, so the share remained part of John's estate.

family lawproperty

This case involved a petition for a writ of prohibition filed by Florida Beverage Department officials to stop a county judge in Walton County from hearing motions to quash search warrants and ordering the return of seized intoxicating liquors. The warrants had been issued and returned by a circuit judge after searches in a dry county uncovered liquor held for sale. The circuit court denied the prohibition petition, but the Florida Supreme Court reversed that judgment on appeal. The court reasoned that the county judge's court lacked jurisdiction because the warrants were returned to the circuit court, making it the proper forum under Florida Statutes sections 933.04 and 933.14, and the motions failed to meet statutory requirements for claimants seeking return of the liquor. The cause was remanded for further proceedings consistent with this holding.

criminal lawprocedure

This case involved a lawsuit by Myrtle Priestley against the administrator of her deceased ex-husband Charles J. Priestley's estate, seeking payment for goods she had provided to him and for rent on her half-interest in property they had owned as tenants by the entireties before their 1944 divorce converted it to a tenancy in common. The trial court entered judgment for the plaintiff on both counts after a bench trial. The appellate court affirmed the rent award, finding sufficient evidence of an oral agreement for $50 monthly rent plus back payments, but reversed the goods award and remanded for a new trial. The reversal rested on the lack of any claim or accounting by the plaintiff during the deceased's lifetime, combined with a presumption against validity arising from the delay in asserting the claim and the possibility that the goods were a gift.

family lawpropertyprocedure

Travis Maddox was convicted in the Circuit Court of Madison County of larceny of three hogs claimed by Hughey Blanton and sentenced to two years in prison. The Florida Supreme Court reversed the conviction and remanded for a new trial. The evidence indicated that Maddox took the hogs openly while asserting ownership, that both men honestly believed the animals belonged to them, and that the jury recommended suspending the sentence, reflecting doubt about guilt. Prior cases hold that larceny requires a felonious intent to steal, which is not present when the taking is consistent with an honest claim of right even if mistaken.

criminal law

The case involved real estate broker Joseph Norwood suing non-resident sellers of the Broadripple Hotel in Miami Beach for an unpaid commission of about $17,000, which he claimed was earned by procuring buyer Harry Simberg under an agreement for five percent of the sale price. Norwood sought equitable garnishment of escrow funds held by a bank, but the trial court, adopting a master's findings, dismissed the bill on the merits after finding Norwood had not consummated a sale on terms satisfactory to the sellers and lacked equity for the remedy. The Florida Supreme Court reversed, concluding from the evidence that Norwood's efforts directly led to the sale at $325,000 net to the sellers, establishing their liability for the commission despite the buyer's indemnity agreement.

propertybusiness & regulatory