BEDA C. SUPPLE, APPELLANT,
v.
JOHN MICHAEL SUPPLE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred by granting relief not sought by the parties and by failing to decide the issues presented by the pleadings.
[1] A court cannot grant relief not sought by the pleadings or requested by amendment.
[2] A trial court's judgment must be based upon the issues presented by the pleadings.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA mother conveyed property to her son, seeking rescission of the deed. The son claimed a partnership interest. The trial court found an agreement for …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Consideration For Conveyance cases and more on FLexlaw
PEARSON, Judge.
This is an appeal from a final judgment where a mother sought to cancel a deed she had given to her son. The court found: “That the Defendant did agree to provide for the support of the Plaintiff during her lifetime as a part of the consideration for such conveyance . . . ” However, the trial court denied the prayer for rescission and instead entered a judgment that the son should pay a specified amount to his mother each month as support. Each party is dissatisfied; the mother has appealed and the son has cross-appealed. We reverse and remand for the entry of a judgment upon the issues presented by the pleadings.
We agree entirely with the trial judge’s finding: “That this cause involved the unfortunate situation where ill feelings have arisen between mother and son due to a strained relationship between the Plaintiff-mother and her daughter-in-law.” We add that this is one of those personal relationship difficulties which the legal process cannot solve for the parties and that, therefore, the courts must follow the law provided rather than to impose a solution that wisdom seems to suggest.
The mother’s complaint sought a rescission of the conveyance of a piece of business property upon which the son is conducting an appliance sale and repair business. She did not seek a judgment for support and no amendment of the pleadings was requested. The son defended upon the theory that the property was a part of a business in which he, the mother and the deceased father had worked as partners. The title to the real property was held as an estate by the entirety by the mother and the deceased father. The extent of the son’s contribution, if any, to the purchase or maintenance of the real property is not found by the court.1
The circuit court judgment is to some extent conflicting in that: (1) It finds an agreement to support is “a part . consideration” for the conveyance but fails to find any other consideration and we are at a loss to find evidence of any other consideration in the record. (2) It denies the relief prayed for but finds that the equities are with the plaintiff and grants relief which neither party sought. In Bear v. Standard Acc. Ins. Co., 124 Fla. 9,168 So. 18, 23 (1936), the Supreme Court of Florida had before it a chancery decree in which the chancellor had not decided the issue presented by the pleadings. In reversing for further proceedings, the court held:
“Where the rulings and decree of a chancellor indicate that a final decree was probably arrived at, in substantial part, upon considerations and issues not properly a part of the controversy required to be decided, the final decree will be reversed without prejudice, and the cause remanded for a reconsideration by the chancellor in the light of the applicable law as determined by the opinion of the Supreme Court oh its consideration of the appeal wherein such reversal without prejudice is ordered; the costs being taxed in equal proportions against appellants and appellees.”
* * * * * *
We will reverse the judgment and remand the cause to the trial judge for him to determine whether there has been a failure of consideration for the conveyance and for a determination of the interest, if any, of the son in the real property.
Thereupon, the final judgment appealed is reversed without prejudice and the cause remanded to the trial court to take further testimony should he deem it necessary and to enter a final judgment based upon the issues presented by the complaint and answer. Reversed for appropriate proceedings in conformity with this opinion.
. The trial court’s findings of fact are as follows:
“1. That this cause involved the unfortunate situation where ill feelings have arisen between mother and son due to a strained relationship between the Plaintiff-mother and her daughter-in-law.
“2. That on the 28th day of July, 1972, the mother (Plaintiff herein) conveyed title to the real property, which constitutes the subject matter of this litigation, to her son (Defendant herein) through her attorney, Sylvester P. Adair. “3. That the Plaintiffs attorney prepared the instruments of conveyance pursuant to instructions received from the Plaintiff and, as a result thereof, said property was conveyed to the Plaintiff and the Defendant as joint tenants.
“4. That there was fair and proper consideration for such conveyance.
“5. That the Defendant did agree to provide for the support of the Plaintiff during her lifetime as a part of the consideration for such conveyance and has done so since the date of said conveyance, but perhaps not to the extent contemplated by the Plaintiff nor to a proper degree.” * * *
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rogers v. Mitzi, 584 So. 2d 1092 (Fla. 5th DCA 1991)…ed essentially upon the theory of rescission, yet there is no showing that monetary damages would not have sufficed and no party asked for rescission. Laniewicz v. Rutenberg Construction Company, 580 So. 2d 203 (Fla. 5th DCA 1991); Supple v. Supple, 347 So. 2d 774 (Fla. 3d DCA 1977). Mitzi and Gorman are entitled to compensatory damages based upon the difference between what Rogers actually contributed as capital in cash or property1 to the RMG Partnership and the $15,000 which he was obligated to contribute…
-
Beda C. Supple v. Supple, 370 So. 2d 834 (Fla. 3d DCA 1979)…sion is unwarranted, love and affection was valid consideration for the conveyance from mother to son, and the appellee clearly has provided for and continues to provide a source of support for appellant from the corporate income. Affirmed. . See, 347 So. 2d 774 (Fla. 3d DCA 1977). . The deed was to land upon which the family appliance sale and repair business is conducted by the appellee-son. .Case number 76-1293.…
Authorities Cited
- Bear v. Standard Accident Ins. Co., 124 Fla. 9 (Fla. 1936)