JONES BOAT YARD INC v. JONES (1999)

District Court of Appeal of Florida,Third District.

JONES BOAT YARD, INC., a Florida corporation, Appellant, v. Joyce JONES, individually, and as Trustee of the Jones Family Revocable Trust, Appellees.

No. 97-2945

Decided: March 24, 1999

Before GERSTEN, GREEN, and FLETCHER, JJ.

Tilghman & Vieth, and Robert C. Tilghman, Miami, for appellant. Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, and Robert C. Josefsberg, Miami; Frank D. Newman, Miami, for appellees.

Jones Boat Yard, Inc. (“JBY”) appeals an adverse judgment in favor of Joyce Jones (“Jones”) in a quiet title suit. We reverse.

Because the JBY possessed the property deed at issue, Jones' intent to convey it to JBY is presumed. See Janes v. Janes, 153 Fla. 716, 15 So.2d 677 (1943). The trial court erred in admitting parol evidence of the conveyor's intent. See Fleming v. Fleming, 352 So.2d 895 (Fla. 1st DCA 1977), cert. denied, 367 So.2d 1123 (Fla.1979).

Furthermore, the manifest weight of the evidence clearly established that JBY owns the property. We, therefore, reverse the judgment entered below and remand for entry of judgment in favor of JBY, naming it owner of the property at issue. See Branam v. Aqua-Clear Pools, Inc., 672 So.2d 69 (Fla. 3d DCA 1996).

Reversed and remanded with directions.

PER CURIAM.

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