H. A. KNOWLTON AND HIS WIFE, WILLIE O. KNOWLTON,
v.
LORAINE M. DEAN, INDIVIDUALLY AND IN HER CAPACITY AS ATTORNEY-IN-FACT, FOR RAYMOND J. DEAN, HER HUSBAND
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The Florida Supreme Court upheld a lower court's finding that a homestead property in Tampa had been abandoned under Florida law, and therefore enforced a power of attorney allowing the wife to sell the home, ordering specific performance of the sale agreement to the Knowltons who sought to purchase the property.
The court affirmed the trial court's determination that the homestead had been abandoned and ordered specific performance of the sale agreement. The wife's power of attorney was valid and enforceable.
“Raymond J. Dean executed power of attorney to his wife, Loraine M. Dean, allowing her to dispose of his interest in their home, in Tampa, in which they owned by the entirety. Immediately afterward Raymond J. Dean disappeared and has not been back.”
Establishes the factual basis for the abandonment finding and the authority given to the wife
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Join FLexlaw to unlock all legal intelligenceRaymond J. Dean executed a power of attorney to his wife, Loraine M. Dean, on January 9, 1947, authorizing her to dispose of his interest in their joi…
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January 9, 1947, Raymond J. Dean executed power of attorney to his wife, Loraine M. Dean, allowing her to dispose of his interest in their home, in Tampa, in which they owned by the entirety. Immediately afterward Raymond J. Dean disappeared and has not been back. About March 1, 1947, *99Loraine M. Dean rented said property and she and her daughter removed therefrom and have been away since. With the rent and from her earnings she meets indebtedness against said property of $135.00 a month. For herself and Raymond J. Dean, under power of attorney dated April 27, 1947, she agreed for herself and for her husband to sell said home to H. A. Knowlton and Willie O. Knowlton, his wife. The Knowltons refused to perform said agreement because they felt the homestead had not been abandoned. After taking testimony and proofs on the bill and answer, the Chancellor held the homestead had been abandoned and ordered specific performance of the agreement of sale. We feel the final decree is free of harmful error. See Jordan v. Jordan, 100 Fla. 1586, 132 So. 466; Jetton Lumber Co. v. Hall, 67 Fla. 61, 64 So. 440; Barlow v. Barlow, 156 Fla. 458, 23 So. (2) 723.
The time required for study and determination of this controversy has been reduced to a minimum because the salient facts were condensed in a certificate of the trial judge requiring but two pages of the transcript. This method is highly commended as one conducive to a consideration of points involved at a minimum of expenditure of time on the part of the court and of money on the part of the litigant who must eventually pay the cost of preparing the transcript.
The final decree appealed from is affirmed.
THOMAS, C. J., TERRELL and CHAPMAN, JJ., concur.
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McNORTON v. PAN Am. Bank OF Orlando, N.A., 387 So. 2d 393 (Fla. 5th DCA 1980)…ertain, prompt, speedy, sufficient, full and complete, practical and efficient in attaining the ends of justice. Citizens & So. Nat. Bank v. Taylor, 191 So. 2d 866, 867 (Fla. 1st DCA 1966). The Florida Supreme Court in Ponce v. Demos, 159 Fla. 117, 31 So. 2d 58 (1947) discussed the standard for determining adequacy of the remedy at law: [T]he test of whether law or equity affords the most adequate remedy may be revealed by the answer to the question, which remedy will afford the most expeditious relief to…
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Gulf Life Ins. Co. v. Urquiaga, 251 So. 2d 904 (Fla. 2d DCA 1971)…shown, therefore, the judgment appealed from should be, and the same is hereby, affirmed. PIERCE, C. J., and LILES, J., concur. . See, e. g., Wilson v. Wakulla Edgewater Co. (1948), 160 Fla. 702, 36 So. 2d 440; Ponce v. Demos (1947), 159 Fla. 117, 31 So. 2d 58, and McNabb v. Tampa & St. Petersburg Land Co. (1919), 78 Fla. 149, 83 So. 90. . See, 30A C.J.S. Equity § 510; and 27 Am.Jur.2d Equity § 242. . Emery v. International Glass & Mfg., Inc., Fla.App., 249 So. 2d 496, Opinion filed June 16, 1971. . Se…
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Merton J. Cushman v. Schubert, 110 So. 2d 703 (Fla. 2d DCA 1959)…e marbles. The case then would seem to fall clearly within the jurisdiction of equity, and if we entertain any doubt it would have to be resolved in favor of the chancellor’s discretion. As it was so aptly put in Ponce v. Demos, 1947, 159 Fla. 117, 31 So. 2d 58, 59: “So, the rule that equity will not function when there is an adequate legal remedy, undoubtedly controls the clear cut unequivocal case, but in borderline cases like this, the chancellor has a broad discretion in choosing between forums. In do…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jetton Lumber Co. v. Hall, 67 Fla. 61 (Fla. 1914)
- Jordan v. Jordan, 100 Fla. 1586 (Fla. 1931)
- Ingram P. Barlow, JR. v. Mrs. Lucie Hoage Barlow, 156 Fla. 458 (Fla. 1945)