equitable conversion doctrine in Florida

1983See Hull v. Maryland Casualty Co., 79 So.2d 517 (Fla. 1954); Tingle v. Hornsby, 111 So.2d 274 (Fla. 1st DCA 1959).

1971Hull v. Maryland Casualty Co., Fla. 1954, 79 So.2d 517 ; Tingle v. Hornsby, Fla. App. 1959, 111 So.2d 274 ; 12 Fla.Jur.

2008While we recognize the doctrine of equitable conversion, because of the unique treatment of the law of homestead property, we find that doctrine inapplicable when the potential vendor is physically residing on the property as his home at the time of his death." [c.o.] 487 So.2d at 1066 .

1995Munshower, 641 So.2d at 911 .

1994Arko Enterprises, Inc. v. Wood, 185 So.2d 734 (Fla. 1st DCA 1966).

1985Appellant relies primarily on In Re Estate of Sweet, 254 So.2d 562 (Fla. 2d DCA 1971), cert. denied, 259 So.2d 717 (Fla. 1972), in which the court stated: [T]he equitable conversion doctrine is well established in Florida; when an owner makes a specifically enforceable contract to sell his real property, the vendee becomes the beneficial owner and the vendor retains only naked legal title in trust for the vendee and as security for the vendee's performance... .

1985Accordingly, we determine that this case is controlled by this court's opinion in Beensen v. Burgess, 218 So.2d 517 (Fla. 4th DCA 1969), and that the common law doctrine of equitable conversion should not apply to alter the constitutionally provided homestead status of property. [1] In light of the importance of the *1101 issue, we certify the following question as one of great public importance: Does the doctrine of equitable conversion apply to contracts for the sale of homestead real property?

1985Appellant relies primarily on In Re Estate of Sweet, 254 So.2d 562 (Fla. 2d DCA 1971), cert. denied, 259 So.2d 717 (Fla. 1972), in which the court stated: [T]he equitable conversion doctrine is well established in Florida; when an owner makes a specifically enforceable contract to sell his real property, the vendee becomes the beneficial owner and the vendor retains only naked legal title in trust for the vendee and as security for the vendee's performance... .

1981Penney Company, Inc. v. Koff, 345 So.2d 732 (Fla. 4th DCA 1977) (under doctrine of equitable conversion, where vendor and purchaser enter agreement for conveyance of title to realty, purchaser immediately becomes beneficial owner and vendor retains only naked legal title as security for payment of purchase price.) As the persons most affected by any subsequent zoning changes, the individual unit purchasers, rather than the developers, are the ones who should receive the protection afforded by the twenty percent rule since developers simply convey the units, receive the profits, and do not ordi

1966NOTES [1] Insurance Co. of North America v. Erickson, 50 Fla. 419 , 39 So. 495 , 498; See also Aycock Bros.

1962Trotter v. Van Pelt, 144 Fla. 517 , 198 So. 215 , 131 A.L.R. 1018 .

1962Trotter v. Van Pelt, 144 Fla. 517 , 198 So. 215 , 131 A.L.R. 1018 .

1940Carr v. Branch, 85 Va. 597 , 8 S. E. 475 ; Tait v. Dante, 78 Fed. (2nd.) 303; Whalley v. Lawrence’s Estate, 93 Va. 424 , 108 Atl. 387 .

1940Carr v. Branch, 85 Va. 597 , 8 S. E. 475 ; Tait v. Dante, 78 Fed. (2nd.) 303; Whalley v. Lawrence’s Estate, 93 Va. 424 , 108 Atl. 387 .

1940Carr v. Branch, 85 Va. 597 , 8 S. E. 475 ; Tait v. Dante, 78 Fed. (2nd.) 303; Whalley v. Lawrence’s Estate, 93 Va. 424 , 108 Atl. 387 .