2015 Ohio 3819
Ohio Ct. App.2015Background
- Miller filed a suit against the Stuckeys seeking to void quit-claim deeds transferring Ohio real property to Dean, asserting multiple tort and contract-based claims.
- The trust has a Florida choice-of-law provision; the deeds were executed in Florida but the property is located in Ohio.
- The trial court ultimately held the Florida-formalities required (two subscribing witnesses) render the Deeds invalid and void ab initio, applying Florida law.
- The appellate court held the Deeds are valid under Ohio law for formalities, notwithstanding the Florida choice-of-law provision, and remanded for other issues.
- This opinion reverses the trial court’s judgment and remands for resolution of remaining claims based on Ohio law governing conveyance formalities in land located in Ohio.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida formalities apply to the Deeds | Miller argues Florida law governs due to the Florida choice-of-law provision | Stuckeys contend situs law governs and Florida formalities should not control | Ohio law governs; Deeds valid in Ohio |
Key Cases Cited
- Morgan v. Biro Mfg. Co., Inc., 15 Ohio St.3d 339 (Ohio 1984) (choice-of-law; conflict of laws; situs governs land conveyance)
- Am. Interstate Ins. Co. v. G & H Serv. Ctr., Inc., 165 Ohio App.3d 104 (3d Dist. 2005) (Restatement-based choice-of-law framework in tort/conveyance contexts)
- Fairmont Supply Co. v. Hooks Indus., Inc., 177 S.W.3d 529 (Tex.App.2005) (limits of express choice-of-law effects on non-contract claims)