Jacoby v. Jacoby

2004 WY 140, 100 P.3d 852, 2004 Wyo. LEXIS 183, 2004 WL 2579570
CourtWyoming Supreme Court
DecidedNovember 15, 2004
Docket03-178
StatusPublished
Cited by21 cases

This text of 2004 WY 140 (Jacoby v. Jacoby) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacoby v. Jacoby, 2004 WY 140, 100 P.3d 852, 2004 Wyo. LEXIS 183, 2004 WL 2579570 (Wyo. 2004).

Opinions

VOIGT, Justice.

[¶ 1] John Michael Jacoby and Barbara Jean Jacoby (the appellants) appeal from an order of equitable lien in the amount of $64,600.00 entered by the district court against property owned by them and in favor of their former daughter-in-law, Yvonne Teresa Jacoby (the appellee). We reverse because the appellee did not prove all of the necessary elements of an unjust enrichment claim.

ISSUES

[¶ 2] The parties raise the following issues:

1. Whether the district court correctly allowed recovery based upon the theory of constructive trust or equitable lien?

2. Whether the statute of frauds barred the appellee’s claim?

3. Whether the doctrine of unclean hands barred the appellee’s claim?

4. Whether lack of consideration barred the appellee’s claim?

5. Whether the district court improperly provided relief outside the pleadings?

6. Whether the district court applied the proper measure of damages?

FACTS

[¶ 3] The appellants’ family home was located on property they own in Cheyenne. During the appellee’s marriage to the appellants’ son, Mike, the appellants agreed to let their son and daughter-in-law build a house on the property. All parties intended the [854]*854house to be occupied by the appellee, her husband, and their children. All parties contributed funds toward construction of the house. However, before construction was complete, Mike Jacoby left his wife and children. Ultimately, the appellants completed construction themselves and moved into the house.

[¶ 4] The appellee subsequently filed a complaint against the appellants in which she claimed that, after she had contributed finances, materials and services to the construction, the appellants had reneged on their promise that she could occupy the house. She alleged that the appellants were unjustly enriched as a result, and that equitable title to the house belonged to her subject to any interest of the appellants. She sought imposition of a constructive trust. In addition to the general denials contained in then-answer, the appellants filed a counterclaim in which they alleged that they had borrowed money and expended funds on the project, that they had taken out mortgages on the property, and that the appellee had removed property from the house.

[¶ 5] The matter was tried to the district court, after which the district court issued a decision letter and order granting to the appellee an equitable lien against the appellants’ property in the amount of $64,600.00. Relevant findings in the order were: the appellee and her then-husband obtained the appellants’ permission to build them marital residence on the lot; construction was eighty-five percent complete when the appel-lee was divorced; the appellee requested and was denied permission to move into the house; the appellants completed construction of the house; the appellee proved the existence of a promise and unjust enrichment; a constructive trust remedy would be excessive; and an equitable lien in the amount of $64,600.00 was appropriate.1

STANDARD OF REVIEW

[¶ 6] “When a trial court in a bench trial makes express findings of fact and conclusions of law, we review the factual determinations under a clearly erroneous standard and the legal conclusions de novo.” Hansuld v. Lariat Diesel Corp., 2003 WY 165, ¶ 13, 81 P.3d 215, 218 (Wyo.2003). In reviewing the factual findings, we apply the following standard:

“The factual findings of a judge are not entitled to the limited review afforded a jury verdict. While the findings are presumptively correct, the appellate court may examine all of the properly admissible evidence in the record. Due regard is given to the opportunity of the trial judge to assess the credibility of the witnesses, and our review does not entail re-weighing disputed evidence. Findings of fact will not be set aside unless they are clearly erroneous. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”

Life Care Centers of America, Inc. v. Dexter, 2003 WY 38, ¶ 7, 65 P.3d 385, 389 (Wyo.2003) (iquoting Fremont Homes, Inc. v. Elmer, 974 P.2d 952, 958 (Wyo.1999)). Findings may not be set aside because we would have reached a different result. Double Eagle Petroleum & Min. Corp. v. Questar Exploration & Production Co., 2003 WY 139, ¶ 6, 78 P.3d 679, 681 (Wyo.2003) (quoting Ahearn v. Holton, 2002 WY 125, ¶ 15, 53 P.3d 87, 90 (Wyo.2002)). Also, in reviewing a trial court’s findings of fact,

“we assume that the evidence of the prevailing party below is true and give that party every reasonable inference that can fairly and reasonably be drawn from it. We do not substitute ourselves for the trial court as a finder of facts; instead, we defer to those findings unless they are unsupported by the record or erroneous as a matter of law.”
... We affirm the trial court’s findings if there is any evidence to support them.

[855]*855Dexter, 2003 WY 38, ¶ 7, 65 P.3d at 389 (quoting Kendrick v. Barker, 2001 WY 2, ¶ 12, 15 P.3d 734, 738 (Wyo.2001)).

[¶ 7] When reviewing questions of law de novo, we afford no deference to the decision of the district court. Double Eagle Petroleum & Min. Corp., 2003 WY 139, ¶ 6, 78 P.3d at 681 (quoting Amoco Production Co. v. EM Nominee Partnership Co., 2 P.3d 534, 540 (Wyo.2000)). Requests for equitable relief are matters over which the district court exercises broad discretion. Wilson v. Lucerne Canal and Power Co., 2003 WY 126, ¶ 9, 77 P.3d 412, 416 (Wyo.2003) (quoting Polo Ranch Co. v. City of Cheyenne, 2003 WY 15, ¶ 25, 61 P.3d 1255, 1263 (Wyo.2003)). Therefore, we review the district court’s decision to impose an equitable lien under the abuse of discretion standard:

In determining whether there has been an abuse of discretion, we focus on the “reasonableness of the choice made by the trial court.” Vaughn v. State, 962 P.2d 149, 151 (Wyo.1998). If the trial court could reasonably conclude as it did and the ruling is one based on sound judgment with regard to what is right under the circumstances, it will not be disturbed absent a showing that some facet of the ruling is arbitrary or capricious. Id. (citing Byerly v. Madsen, 41 Wash.App. 495, 704 P.2d 1236 (1985)); Basolo [v. Basolo ], 907 P.2d [348] at 353 [ (Wyo.1995) ].

Jordan v. Brackin, 992 P.2d 1096, 1098-99 (Wyo.1999).

DISCUSSION

[¶ 8] It is difficult to characterize in legal terms the arrangement under which the parties began construction of this house. It is doubtful that a contract existed, given the dearth of agreement, or even discussion, of many significant terms.

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Cite This Page — Counsel Stack

Bluebook (online)
2004 WY 140, 100 P.3d 852, 2004 Wyo. LEXIS 183, 2004 WL 2579570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacoby-v-jacoby-wyo-2004.