445 So. 2d 1079 | Fla. Dist. Ct. App. | 1984
This is an appeal from a final judgment dismissing Hackmann’s counterclaim for reformation of a deed. We reverse and remand for a new trial.
The facts relevant to this appeal are quite simple. Hackmann had a long-term relationship with decedent, Thomas. She alleges that, prior to his death, he intended to convey to her the home which they had shared and which was the only real property owned by decedent at that time. Toward this end, the decedent executed a quit-claim deed. It was later discovered that the legal description of the property corresponded to land which he had previously owned rather than to the parcel he owned at the time of the conveyance. Hackmann sought reformation of the deed arguing that a mutual mistake had occurred.
Pursuant to this theory, she attempted at trial to call friends and neighbors who could testify as to the parties’ relationship and as to the decedent’s stated intention to provide for Hackmann upon his death. In addition, a nurse who notarized the deed was prepared to testify as to statements made by the decedent indicating his intent to deed the property, to which he held title, to Hackmann. The trial court excluded this evidence because it concluded that the dead man statute, section 90.602, Florida Statutes (1981), barred the testimony. We disagree.
Consequently, we reverse and remand for a new trial.