Cook v. Lee
Cook v. Lee
Opinion of the Court
Plaintiff-appellants appeal a final judgment awarding defendant-appellees a one-half interest in three aircraft or proceeds from the sale thereof and an accounting and full distribution.
In March 1969, plaintiff’s husband, William Cook, was desirous of purchasing the plaintiff corporation Bahamas Air Taxi, Inc. (herein referred to as BAT) and persuaded the defendant Robert Lee, an experienced aviation consultant, to join with him in this venture so that he (Cook) might be able to obtain financing and also have the benefit of Lee’s aviation experience. Thereupon, Cook and Lee entered into an agreement which provided in part: that 50% of the BAT stock would be issued to Cook and the remaining 50% would be held as treasury stock which would only be sold to Lee for $15,000 within a period of five years; that BAT would pay Lee $200 per month for his services as a consultant; that Lee would pledge as security certain property owned by him to obtain $50,000 from the Small Business Administration (SBA) and that if BAT was unable to pay its debts, Cook voluntarily would relinquish control and ownership thereof to Lee. Pursuant to the terms of the above agreement, Cook purchased BAT’s capital stock. The purchase price
On appeal, plaintiff-appellants contend among other things that the court erred in imposing a constructive trust on the above property in that defendant failed to establish by'clear and convincing proof that he had an equitable interest in the property and he improperly sought to have a constructive trust declared without ever pleading for such relief.
After a close examination of the record we find there was competent substantial evidence contained therein to sustain the finding of the trial judge that defendant Lee had a 50% equitable interest in the subject aircraft and thus his findings will not be disturbed. Turning to the issue of improper procedure in seeking to declare the constructive trust, the record reveals that the relief prayed for in the plaintiffs’ complaint was the trial court enter a judgment declaring that defendant Lee has no right, legal or equitable, in the stock or assets of BAT. Equitable issues having been raised by the complaint, equity acquired jurisdiction thereby and hence continued to exercise its jurisdiction to administer full, complete and final relief. See 12 Fla.Jur. Equity §§ 43, 47 (1957) and cases cited therein.
Accordingly, the judgment herein appealed is affirmed.
Affirmed.
Reference
- Full Case Name
- Rebecca E. COOK, Individually and as of the Last Will and Testament of William L. Cook and Bahamas Air Taxi, Inc. v. Robert L. LEE and Westchester National Bank of Dade County
- Cited By
- 2 cases
- Status
- Published