McMillin v. Eare
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In a dispute over ownership of two parcels of real property between Som, her husband, Joshua, and Joshua's mother, Sharon, the trial court ruled in favor of Sharon. The court of appeal concluded that the trial court abused its discretion when it amended Sharon's complaint to include a cause of action for breach of fiduciary duty and erroneously determined that conditional delivery of the deed was valid. The court reversed the judgment on the claims for slander of title, quiet title, declaratory relief, and cancellation of deeds. The court concluded that the trial court's findings and orders interfered with issues under the jurisdiction of the family law court; the trial court did not err when it admitted impeachment evidence about Som's financial circumstances in 2009 and did not deprive Som of a fair trial by cutting off her trial time unexpectedly.
The court of appeal subsequently modified its opinion to read: the judgment quieting title to the properties in favor of Sharon is reversed with directions to enter a new judgment quieting title to the properties in favor of Joshua, per the July 29, 2010 deed and the July 18, 2011 deed. The judgment is also reversed as to the causes of action for slander of title, declaratory relief, and cancellation of deeds.
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