ROBIN CRAWLEY-KITZMAN v. IGNACIO HERNANDEZ
20-0420
| Fla. Dist. Ct. App. | Jun 23, 2021Background
- Appellant Crawley‑Kitzman was employed by Solid Builders; employer Hernandez promised her a year-end bonus and instead orally agreed to give her 26% of the sale proceeds of a residential property owned by 33rd Avenue Investments, LLC (managed by Yaira Hernandez).
- On January 14, 2017, Appellant and Hernandez signed a written promissory‑note style agreement memorializing that Hernandez would pay her 26% of his portion of the property proceeds, specify a $365,000 minimum sale amount, and secure payment by a mortgage (the note was not recorded).
- Unknown to Appellant, Hernandez had assigned his 48% LLC interest to his sister Yaira before signing; 33rd Management later contracted to sell the property to Rodriguez and Rivas for $240,000, and Appellant received nothing.
- Appellant sued multiple defendants alleging declaratory relief (counts I–II), equitable lien (III), unjust enrichment/constructive trust (VI), tortious interference (IX), and civil conspiracy (X), among other claims; some claims against Hernandez and Yaira remain pending.
- The trial court dismissed with prejudice counts I, II, III, VI, IX, and X as to 33rd Management, Rodriguez, and Rivas and struck the constructive‑trust demand; Appellant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Declaratory judgment (Counts I–II) | Seeks declaration that 33rd Management and others are liable and that Appellant has a 26% interest | Relief improperly seeks adjudication of ultimate liability rather than a present legal status | Dismissed: complaint seeks final liability, not appropriate declaratory relief |
| Equitable lien (Count III) | Agreement shows Appellant should have lien on property or sale proceeds | Agreement was with Hernandez only; Appellant has remedy at law against Hernandez, not property interest against 33rd Management | Dismissed: no basis to impose lien on defendants or property |
| Unjust enrichment / Constructive trust (Count VI + demand) | Defendants were unjustly enriched by keeping sale proceeds; constructive trust needed to prevent injustice | Appellant conferred no benefit on defendants and had no confidential relationship with them; remedies lie against Hernandez | Dismissed/struck: allegations insufficient to show unjust enrichment or grounds for constructive trust |
| Tortious interference (Count IX) | Rodriguez and Rivas knowingly interfered with Appellant’s agreement with Hernandez by purchasing the property | Hernandez lacked ownership; sale by 33rd Management was independent; purchasers’ knowledge alone is not actionable interference | Dismissed: no intentional, unjustified interference pleaded |
| Civil conspiracy (Count X) | Defendants agreed to defraud Appellant and consummated sale to avoid paying her | Knowledge of agreement without an actual conspiratorial agreement or unlawful means is insufficient | Dismissed: complaint fails to plead agreement or unlawful means |
Key Cases Cited
- Drew v. Knowles, 511 So. 2d 393 (Fla. 2d DCA 1987) (on review of dismissal, allegations are assumed true and reasonable inferences drawn for plaintiff)
- Kond v. Mudryk, 769 So. 2d 1073 (Fla. 4th DCA 2000) (motion to dismiss for failure to state a cause of action reviewed de novo)
- Romo v. Amedex Ins. Co., 930 So. 2d 643 (Fla. 3d DCA 2006) (scope and purpose of declaratory judgment actions)
- People's Trust Ins. Co. v. Franco, 305 So. 3d 579 (Fla. 3d DCA 2020) (elements required to sustain declaratory relief)
- Wichi Mgmt. LLC v. Masters, 193 So. 3d 961 (Fla. 3d DCA 2016) (bases for imposing an equitable lien)
- Jones v. Carpenter, 106 So. 127 (Fla. 1925) (equitable lien as an action in equity when no adequate remedy at law)
- Duty Free World, Inc. v. Miami Perfume Junction, Inc., 253 So. 3d 689 (Fla. 3d DCA 2018) (elements of unjust enrichment)
- Provence v. Palm Beach Taverns, Inc., 676 So. 2d 1022 (Fla. 4th DCA 1996) (purposes and grounds for imposing a constructive trust)
- Silva v. de la Noval, 307 So. 3d 131 (Fla. 3d DCA 2020) (elements required to plead a constructive trust)
- Seminole Tribe of Fla. v. Times Pub. Co., 780 So. 2d 310 (Fla. 4th DCA 2001) (elements of tortious interference)
- Raimi v. Furlong, 702 So. 2d 1273 (Fla. 3d DCA 1997) (elements of civil conspiracy require agreement and unlawful act)
- Fla. Nat’l Org. for Women, Inc. v. State, 832 So. 2d 911 (Fla. 1st DCA 2002) (dismissal with prejudice appropriate only when amendment cannot cure defects)