JONES BOAT YARD, INC. v. JONES, 728 So.2d 364 (Fla.App. 4 Dist. 1999)

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

No. 97-2945District Court of Appeal of Florida, Fourth District.
Opinion filed March 24, 1999. JANUARY TERM, A.D., 1999

An Appeal from the Circuit Court for Miami-Dade County, Norman S. Gerstein, Judge, L.T. No. 96-5521.

Page 365

Tilghman Vieth, and Robert C. Tilghman, for appellant.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin, and Robert C. Josefsberg; Frank D. Newman, for appellees.

Before GERSTEN, GREEN, and FLETCHER, JJ.

PER CURIAM.

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, 15 So.2d 677 (Fla. 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.