“Although elementary school children like to say ‘finders keepers’…” —Portley, Judge 

Facts: Robert A. Spann lived in his Paradise, Arizona, home until he passed away. Karen Spann Grande became the personal representative of the estate, and she and her sister Kim Spann took charge of the house. They knew that their father hid gold, cash, and other valuables in cans and other unusual places in the house. Over the course of seven years they found stocks, bonds, and hundreds of military-style ammunition cans hidden throughout the house, some of which contained gold or cash. Mr. Spann’s daughters sold the house to Sarina Jennings and Clinton McCallum. They hired Randy Bueghly and his company Trinidad Builders, Inc. to remodel the dilapidated house. Shortly after work began, Rafael Cuen, a Trinidad employee, discovered two ammunition cans full of cash in the kitchen wall and found two more cash-filled ammunition cans inside the framing of an upstairs bathroom. After Cuen reported the find to his boss, Bueghly took the ammo cans that contained $500,000 cash but did not tell the new owners of the find. Cuen eventually told the new owners of the discovery and the police immediately took control of the cash. Bueghly claimed the money as the finder; Jennings/McCallum asserted that the cash had been abandoned and was therefore theirs; and Grande claimed that the cash was mislaid and therefore belonged to her father’s estate. The trial court ruled that the cash was mislaid property and awarded it to Mr. Spann’s estate. Jennings/McCallum appealed. 

Issue: Was the $500,000 cash abandoned or mislaid property? 

Language of the Court: Although elementary school children like to say “finders keepers”… A finder of mislaid property must turn the property over to the premises owner, who has a duty to safeguard the property for the true owner. Abandonment is a virtual throwing away of property without regard as to who may take over or carry on. In this connection, it has been said that people do not normally abandon their money. Here, the facts are undisputed that the estate did not intend to abandon the funds. As a result, and as the trial court found, the funds are, as a matter of law, mislaid funds that belong to the true owner, Spann’s estate. 

Decision: The court of appeals agreed with the trial court that the $500,000 cash was mislaid property that belonged to Spann’s estate. 

Ethics Questions: Did Bueghly act ethically? Did Jennings/McCallum have a rightful claim to the money? Do you think that Mr. Spann’s daughters abandoned the money?