Caruso v. Parkos

Summary

The Nebraska Supreme Court affirmed a district court judgment quieting title to real property in Susan Caruso. The court held that Virginia Parkos validly delivered a June 20, 1997, deed to Caruso and Carol Nattress, that the deed was not procured by undue influence, and that James Parkos had notice of the earlier conveyance before receiving and recording a later deed. Accordingly, the later deed was a nullity under Nebraska recording law.

Holdings

1. The June 20 deed was validly delivered because Virginia intended the deed to presently transfer title and relinquished control over it by delivering it to Sikyta for recording.
2. The deed's delivery was not invalid merely because Sikyta was Virginia's attorney; the controlling question was whether Virginia intended to relinquish control and make the conveyance presently effective.
3. James failed to prove by clear and convincing evidence that the June 20 deed was the product of undue influence.
4. James was not entitled to protection as a subsequent purchaser in good faith without notice because the evidence established that he had actual notice, or at minimum notice of suspicious circumstances requiring inquiry, concerning the June 20 deed before he received and recorded his deed.
5. The denial of James's motion for summary judgment was neither appealable nor reviewable after a trial on the merits.

Questions Presented

1. Whether Virginia's June 20, 1997, deed was validly delivered before James received and recorded his competing deed.
2. Whether delivery was ineffective because Sikyta was Virginia's attorney rather than an escrow agent.
3. Whether the June 20 deed was procured by undue influence.
4. Whether James proved that he was a subsequent purchaser in good faith without notice under Neb. Rev. Stat. § 76-238.
5. Whether the district court's denial of James's motion for summary judgment was appealable or reviewable after trial.

Disposition

affirmed