Gillespie v. Hoffman CA5
Appellants, Courtney Gillespie and Melody Gillespie, challenge the judgment quieting title to a 10-acre parcel of real property.
Appellants entered into an agreement to purchase a portion of this property from respondents. After appellants did not receive permission from the county to subdivide the parcel, respondent, Nicklas Hoffman, returned the promissory note executed by Courtney Gillespie marked “void” and returned the payments Gillespie made under the agreement. Following a bifurcated trial, the court ruled that Hoffman had successfully rescinded the agreement in phase one. In phase two, the court balanced the equities, awarded appellants over $18,000 in compensation, ordered appellants to remove all their personal property from the premises, and entered the quiet title judgment.
Appellants argue that the trial court granted relief that was not available under the facts and law. Appellants further contend that the statute of limitations barred relief based on resciss
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