Anthony McKoy and Paulette R. McKay v. Michael DeSilvio, Personal Representative of the Estate of William J. Hayes

Summary

The Florida Second District Court of Appeal reviewed a summary judgment declaring two quitclaim deeds void in a quiet title action brought by the personal representative of an estate. The court held that disputed factual issues regarding consideration precluded summary judgment as to the deed executed by Catherine Herron. It affirmed judgment as to the deed executed by Eileen Earnshaw because the deed lacked the required signatures of two subscribing witnesses and the appellants had not sought reformation.

Holdings

1. Summary judgment could not be granted on the lack-of-consideration ground because disputed issues of material fact existed regarding consideration.
2. The summary judgment against the Earnshaw deed was proper because the undisputed evidence showed that the deed was not signed by the requisite number of subscribing witnesses.
3. The court did not grant reformation because the McKoys had not filed a counterclaim seeking that remedy, and any reformation action would have required joinder of the original grantor as an indispensable party.

Questions Presented

1. Whether summary judgment declaring the quitclaim deeds void was proper when the record presented disputed issues of material fact concerning consideration.
2. Whether the Earnshaw deed was invalid because it lacked the two subscribing witnesses required to convey real estate.
3. Whether the notary could be treated as a subscribing witness when she did not sign the deed in that capacity and the McKoys had not pleaded a reformation claim.
4. Whether reformation could be granted without joining the original grantor as an indispensable party.

Disposition

reversed_and_remanded