Teeter v. Teeter
2014 Ohio 1471
Ohio Ct. App.2014Background
- Bonnie and Joseph Teeter owned a tract and primary residence; they deeded 44 Waynesburg Rd to Gary and Denise Teeter in 2003 to protect from potential nursing-home costs; Bonnie claims Gary held the property in trust for her until she requested it back, seeking a constructive trust; Gary claims the transfer was his inheritance from Joseph; Joseph died in 2005; in 2011 Gary leased the property to RE Gas Development and Bonnie sought lease proceeds; trial court granted summary judgment for Gary and Denise and dismissed Bonnie's claims against RE Gas Development as moot; the appellate court reverses and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a constructive trust was properly imposed. | Bonnie asserts a grant of a constructive trust is warranted to keep the property for her. | Gary/Denise contend the transfer was Gary's inheritance and not held in trust for Bonnie. | Trial court erred; genuine issue of material fact exists; constructive trust not properly denied. |
| Whether summary judgment was appropriate given a he-said/she-said dispute. | Bonnie argues there is clear and convincing evidence of intent to retain for Bonnie. | Gary/Denise contend no clear and convincing showing, evidence favors grant of deed as inheritance. | Summary judgment for Gary/Denise reversed; factual credibility issue for trial. |
| Whether Bonnie’s claim against RE Gas Development is moot after the grant of summary judgment to Gary/Denise. | RE Gas Development should be accountable for lease proceeds and future payments. | If Bonnie has no ownership interest, the RE Gas Development claim is moot. | Remanded to determine merits of RE Gas Development claim; not moot on appeal. |
Key Cases Cited
- Jackson v. Columbus, 117 Ohio St.3d 328 (2008-Ohio-1041) (clear and convincing standard applied on summary judgment in certain contexts)
- Beatty v. Guggenheim Exploration Co., 225 N.E. 378 (N.Y. 1919) (constructive trust justified to satisfy justice)
- Ferguson v. Owens, 9 Ohio St.3d 223 (1984) (constructive trust defined; equity converts title when unjust enrichment would occur)
- Lynch, 96 Ohio St.3d 118 (2002-Ohio-3748) (constructive trusts and restitution principles; burden on claimant)
- Gallogly v. Watson, 2012-Ohio-3778 (3d Dist. 2012) (illustrates constructive trust arising from business arrangements and property transfer)
- Hunter v. Green, 2012-Ohio-5801 (5th Dist. 2012) (recognizes promissory estoppel and constructive trust as exceptions to statute of frauds)