Zurstrassen v. Stonier

786 So.2d 65 (Fla. Dist. Ct. App. 2001)

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Nature of the Case

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Facts

Klaus Zurstrassen (P), a citizen of Germany, and his brother, Rolf, a citizen of the United States, acquired title to two vacant lots. P returned to Germany, leaving Rolf in charge of commencing construction. While construction commenced on one lot, a deed was recorded in the public records purportedly conveying P's ownership in the lots to his brother Rolf. P claims that the deed was a forgery and that he had no knowledge of it. P returned from Germany and construction on the one lot continued. Just before P left again for Germany, the brothers agreed to sell the constructed home. P met with a realtor to prepare a listing. The realtor researched the title and informed P that his name did not appear on the last deed in the chain of title. P asked Rolf about it, and Rolf told P that he did not know why P's name did not appear on the deed but that he should not be concerned with it. The brothers signed a document between them recognizing P's interest and the terms of the brothers' initial agreement regarding the properties. The agreement stated that title to the properties was in Rolf's name alone and it outlined the process of selling the properties and distributing the proceeds. P returned to Germany. Rolf transferred both lots to David Stonier (D) by quitclaim deed. D was unaware that P made any claim to the property. Then in August of 1998, D executed a warranty deed on one lot to the Wihlborgs. The deed to the Wihlborgs was mistakenly recorded in Brevard County and was not recorded in Indian River County until November 23, 1998. P was notified that the lots had been sold. He returned to the United States, and immediately uncovered the forged deed and the subsequent deeds. He instituted suit to quiet title to the property and for rescission on November 9, 1998, and filed a notice of lis pendens on November 10, 1998, thirteen days before the Wihlborg deed was recorded in Indian River County. D and the Wihlborgs answered the suit and claimed that P was estopped from asserting any rights because he had acknowledged in the February 1998 agreement that title to the property was in his brother's name and he had delayed in objecting to any purported fraud. D also alleged that he was a bona fide purchaser for value and filed a counterclaim for slander of title and damages. Ds moves for summary judgment. The court granted summary judgment on the quiet title and rescission claims. P was aware as of February 1998 that the property was titled solely in Rolf's name. P had waived or was estopped from asserting any right to object to any subsequent sale to D. P appealed.