DENISE LYNN OMEL, APPELLANT,
v.
WALTER PARKER SIMPSON, APPELLEE

Fla. 4th DCA | 1980-07-16
No. 79-1750
LETTS, C. J., DOWNEY, J., and GEIGER, DWIGHT L., Associate Judge, concur.
386 So. 2d 2 Florida District Court of Appeal, Fourth District (1980) Positive Treatment
Cited by 2 cases

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Holding

The court held that the trial court's judgment regarding the real property deed was supported by the record, but the adjudication of title to personal property lacked evidentiary support.


Facts & Procedural History

Appellant, daughter of the deceased, sued the surviving spouse (appellee) to set aside a deed to the marital home based on undue influence and lack of…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant sued appellee in the Circuit Court of Broward County to set aside and cancel a deed to real property and to determine the legal title to certain personal property located in the improvements on said realty. From an adverse final judgment appellant has taken a plenary appeal.

Appellant is the daughter of Judith Omel Simpson, deceased, and appellee is the surviving spouse of said decedent. Shortly before decedent’s demise she executed a deed to her home to herself and her husband, appellee, as tenants by the entirety. After Mrs. Simpson’s death appellant filed this suit to set aside the deed on the grounds of undue influence and lack of mental capacity. Without reciting the evidence, suffice to say that after a full-blown trial the trial judge found in favor of the appellee. We find there is adequate support in the record for that ruling.

The home contained furniture, furnishings and other personal property at the time of Mrs. Simpson’s death. Appellant had prayed for an adjudication of her rights to said property. While no evidence was adduced to prove who owned said personalty, the final judgment held that the property described in the deed “together with all furniture, furnishings, fixtures, appliances and equipment contained therein, are the property of the Defendant herein.” The deed is silent as to the personal property and thus we find no support in the record for the adjudication of title thereto in the appellee.

Accordingly, we affirm the judgment appealed from in all respects except as to the disposition of the personal property. We reverse that feature of the judgment and remand the cause to the trial court with directions to take further testimony in order to determine the proper ownership of said personal property. AFFIRMED IN PART; REVERSED IN PART; and remanded with directions.

LETTS, C. J., DOWNEY, J., and GEIGER, DWIGHT L., Associate Judge, concur.


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Citator

Cited By

  • Parker v. Parker, 185 So. 3d 616 (Fla. 4th DCA 2016)
    …by undue influence); Dunn v. White, 500 So. 2d 565, 566 (Fla. 2d DCA 1986) (permitting son to be substituted as plaintiff for father who died after filing suit to recover property allegedly conveyed as a result of undue influence); Omel v. Simpson, 386 So. 2d 2, 2 (Fla. 4th DCA 1980) (entertaining suit brought by decedent’s daughter to challenge deed executed by decedent, on the grounds that it was obtained by undue influence); Barger v. Barger, 183 So. 2d 253, 253-54 (Fla. 2d DCA 1966) (permitting deceden…

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