Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Douglass v. Douglass

Court of Appeals of Missouri, Western District, First Division

March 5, 2019

MICHAEL DOUGLASS, Respondent,
v.
PHILLIP DOUGLASS, Appellant.

          Appeal from the Circuit Court of Jackson County, Missouri The Honorable Marco A. Roldan, Judge.

          Before Cynthia L. Martin, Presiding Judge, Victor C. Howard, Judge and Thomas H. Newton, Judge.

          Cynthia L. Martin, Judge.

         Phillip Douglass ("Phillip")[1] appeals a judgment imposing a constructive trust on insurance proceeds in favor of Michael Douglass ("Michael"). Phillip argues the trial court erred in imposing the constructive trust because some of the trial court's factual findings were not supported by substantial evidence. Finding no prejudicial error, we affirm.

         Factual and Procedural Background[2]

         In 1996, Michael bought a home located at 1208 Ward Parkway in Blue Springs ("Ward Parkway property"). Michael bought the home so his brother, Phillip, would have a place to live. In 1999, Michael encountered legal problems, and conveyed the Ward Parkway property to other family members, with the expectation that they would hold title on his behalf. In 2001, those family members conveyed the Ward Parkway property to Phillip. In 2004, Phillip sold the Ward Parkway property for $77, 854.46. Michael claimed the proceeds of the sale of the Ward Parkway property were being held by Phillip for Michael's benefit.

         In 2005, Michael decided to buy another home so Phillip would have a place to live. At an auction in April of 2005, Michael was the high bidder for a home located at 1003 N.W. B Street in Blue Springs ("NW B Street property"), for which he agreed to pay $108, 000. Michael paid a $3, 000 down-payment on the day of the auction. Between the date of the auction and closing, Michael amended the purchase contract to add Phillip as an additional buyer. At closing, the $77, 854.46 sale proceeds from the Ward Parkway property were applied against the purchase price for the N.W. B Street property. In addition, $20, 000 was paid from a joint account owned by Michael and Phillip. Phillip contributed the remaining balance of the purchase price. Title to the N.W. B Street property was conveyed to Michael and Phillip as joint tenants with rights of survivorship.

         Phillip lived at the N.W. B Street property. Phillip was responsible for maintaining homeowners' insurance for the property, and for paying real estate taxes on the property.

         Unbeknownst to Michael, Phillip executed a quitclaim deed in 2012 transferring title to the N.W. B Street property to ASTI Corporation ("ASTI"). Phillip signed a quitclaim deed for himself and for Michael as Michael's purported power of attorney. In 2013, ASTI executed a quitclaim deed transferring title to the property back to Phillip. As a result, Michael's name was no longer on the title to the N.W. B Street Property.

         In early August 2016, Phillip borrowed $12, 887.43 from Lyle Odo ("Odo") to pay back-due real estate taxes on the N.W. B Street property. In exchange, Odo recorded a deed of trust against the N.W. B Street property. As a result of this loan, a tax sale for the property was averted. Odo later learned that homeowners' insurance premiums were due and unpaid. Odo advanced $1, 642 pursuant to the terms of the deed of trust to ensure that the N.W. B Street property remained insured.

         In 2016, Phillip executed a beneficiary deed naming his girlfriend, Jennifer Gaulter ("Gaulter") the beneficiary grantee of the N.W. B Street property on Phillip's death. Gaulter was living with Phillip in the home.

         On November 1, 2016, Michael filed a petition seeking to quiet title in the N.W. B Street property or in the alternative, awarding him a first lien on the property to the extent of his interest in the property. Michael's lawsuit named Odo and Gaulter as additional defendants. Odo filed counterclaims and crossclaims asserting his right to collect the amounts loaned to Phillip, along with interest.

         Two days before trial, a fire destroyed the home on the N.W. B Street property. The homeowners' insurer issued two checks in the total amount of $140, 000. The first, a check in the amount of $107, 271.75, was made payable to Phillip and Odo. The second, a check in the amount of $32, 728.25, was made payable to the City of Blue Springs.[3] Michael secured an order requiring the check payable to Phillip and Odo to be deposited into the court registry.

         Michael thereafter filed an amended petition. The amended petition again sought to quiet title in the N.W. B Street property, but also asserted a right to share in the homeowners' insurance proceeds issued as ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.