Joel v. Joel

43 So. 3d 424, 2010 Miss. LEXIS 330, 2010 WL 2609415
CourtMississippi Supreme Court
DecidedJuly 1, 2010
DocketNo. 2009-CA-00474-SCT
StatusPublished
Cited by49 cases

This text of 43 So. 3d 424 (Joel v. Joel) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joel v. Joel, 43 So. 3d 424, 2010 Miss. LEXIS 330, 2010 WL 2609415 (Mich. 2010).

Opinion

DICKINSON, Justice,

for the Court:

¶ 1. Jimmy Joel persuaded his elderly parents (“the Joels”) to purchase a house from the Shackelfords. Without the Joels’ knowledge, Jimmy had his lawyer include in the deed a provision that transferred title to himself upon the death of either of his parents. When the Joels learned what Jimmy had done, they confronted him, and Jimmy agreed to remove the provision. But before doing so, he unexpectedly died. Unable to persuade Jimmy’s widow to change the deed, the Joels filed this suit to obtain fee-simple title.

¶ 2. In Mississippi, equity must follow the law. But where the law provides no remedy, equity may do so. Because the Joels had no contract with Jimmy, they had no legal remedy, so the chancellor imposed an equitable trust. We affirm.

BACKGROUND FACTS AND PROCEEDINGS

¶ 3. Jimmy was a successful real estate developer, and his wife, Debbie, was a [428]*428realtor. Jimmy built a small house and sold it to the Shackelfords for $98,500. In a verbal side-agreement, Jimmy promised the Shackelfords, according to Debbie, that if they ever wanted to sell the house, he would buy it back for what they paid plus $1,000. Two years later, they did decide to sell. But rather than repurchasing the house, Jimmy persuaded his parents to buy it.

¶ 4. After setting up financing through his banker, Jimmy instructed his attorney, Lindsey Meador, to include in his parents’ deed a life-estate provision that transferred title to Jimmy upon the death of either of his parents. Even though the Joels had paid the full price for the home, and Jimmy had paid nothing, Jimmy’s surviving parent would be left without title to the home.

¶ 5. In discussing the life-estate provision with his parents, Jimmy, according to Debbie, said the life-estate provision would protect them from losing the house to Medicaid. Mr. Joel, who was relatively unsophisticated in real estate matters, voiced concern about the life estate provision. He told Jimmy that he and his wife wanted to be sure they could pass the house to their three children under the terms of their wills or, if they needed to, sell it. Jimmy assured them that they could.

¶ 6. Also, Debbie and Jimmy, according to Debbie, worried that Jimmy’s sister, Ann, might try to take advantage of her elderly parents; and Jimmy believed that the life-estate provision in the deed would give him control over whether Ann lived in the house.

¶ 7. The closing took place in August 2001. The Joels admitted they did not read the deed, relying instead on Jimmy’s assurances that all was as promised. With the proceeds from the sale of their old house, the Joels reduced their loan balance to an amount they were able to pay off within a few years. When Jimmy paid for some improvements to the house, the Joels tried to reimburse him, but he would not accept any money.

¶ 8. According to Mr. Joel, the subject of the deed came up during a visit from their other son, Mike, in 2005 or 2006. Mrs. Joel said to him, “Son, I wish you’d get the papers out of that box in there and look at them and see if everything looks all right. We couldn’t read that stuff. We don’t really know.” After reading the deed, Mike said it didn’t look right to him, and that he wanted to take it to a real estate lawyer for review.

¶ 9. Upon learning from the lawyer how the life-estate provision would work, the Joels became alarmed. Mr. Joel talked with Jimmy about the deed and told him, as he had before, that he wanted the house to pass to all three children according to his and Mrs. Joel’s wills. He asked Jimmy to change the deed. Jimmy said he would, but in June 2007, he died unexpectedly of a heart attack. The deed remained unchanged.

¶ 10. Jimmy’s will devised his property to two trusts, with his attorney, Meador, as trustee of both. Debbie was executrix of Jimmy’s estate. Mr. Joel tried to get Debbie to change the deed, but she refused. On December 6, 2007, the Joels filed suit, seeking equitable relief including imposition of a constructive trust.

¶ 11. In their complaint, the Joels characterized the deed as a “mistake,” claiming they thought they were taking title in fee simple. The complaint did not allege any wrongdoing such as fraud, overreaching, or undue influence, but instead alleged that Jimmy “agreed that his parents ... were supposed to have fee simple title....”

[429]*429¶ 12. But when the Joels deposed Mea-dor, they learned that Jimmy had met secretly with the attorney to dictate the terms of the deed. Then, with the court’s permission (and over the Estate’s objection), they abandoned the “mistake” theory and filed an amended complaint alleging that Jimmy had made false representations, knowing they would rely on his statements. The Joels also alleged that Jimmy had abused a confidential relationship with “substantial overreaching, and/or wrongdoing, and/or unconscionable conduct, and/or fraud.”

¶ 13. Following a two-day trial, the chancellor imposed a constructive trust based on his Findings of Fact and Conclusions of Law (“FFCL”). He ordered that Mr. Joel1 receive title to the house in fee simple. The Estate brings this appeal.

STANDARD OF REVIEW

¶ 14. We do not review a trial court’s findings of fact under the same standard used for its conclusions of law. When reviewing a chancellor’s findings of fact, we

will reverse a chancellor only where he is manifestly wrong. A chancellor’s findings will not be disturbed unless he was manifestly wrong, clearly erroneous or an erroneous legal standard was applied. Where there is substantial evidence to support his findings, this Court is without the authority to disturb his conclusions, although it might have found otherwise as an original matter.2

¶ 15. We recognize the following exception to the Ferrara v. Walters rule:

Where the chancellor adopts, verbatim, findings of fact and conclusions of law prepared by a party to the litigation, this Court analyzes such findings with greater care, and the evidence is subjected to heightened scrutiny. Because the chancellor erred in adopting3 the litigant’s findings of facts and conclusions of law in the case sub judice, the deference normally afforded a chancellor’s findings of fact is lessened.4

¶ 16. The FFCL proposed by the Joels and the one eventually entered by the court were essentially the same. So we must apply the Brooks v. Brooks heightened-scrutiny standard of review.

¶ 17. Heightened scrutiny requires that “the deference afforded the findings of fact is lessened ...,” and we “must view the challenged findings and the record as a whole ‘with a more critical eye to ensure that the trial court has adequately performed its judicial function.’ ”5

¶ 18. When we review conclusions of law, including the applicability of a constructive trust, we afford the trial judge no discretion. Rather, we reach our own con-[430]*430elusions of the applicable law and how it should be applied.6

ANALYSIS

¶ 19. The U.S. Supreme Court has stated:

The established rule, although not of universal application, is that equity follows the law or, as stated in Magniac v. Thomson, 15 How. [281] 299 [14 L.Ed.

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Cite This Page — Counsel Stack

Bluebook (online)
43 So. 3d 424, 2010 Miss. LEXIS 330, 2010 WL 2609415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joel-v-joel-miss-2010.