RAFAEL DOMINGUEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Espino v. Oswaldo Anez, 665 So. 2d 1080 (Fla. 3d DCA 1995)
  …age of the property to which Oswaldo Anez was entitled also amounted to legal error. For a resulting trust to arise, “the alleged beneficiary must have paid the purchase price or bound himself by an absolute obligation to pay it.” Socarras v. Yaque, 452 So. 2d 992, 994 (Fla. 3d DCA 1984), rev. denied, 461 So. 2d 116 (Fla.1985). Furthermore, a resulting trust arises, “if at all, at the instant legal title vests.... ” Id. In this case, the purchase price of the property was $230,000.00. When legal title vested…
• The N. Am. Islamic Tr., Inc. v. The Muslim Ctr. OF Miami, Inc., 771 So. 2d 1227 (Fla. 3d DCA 2000)
  …ty pays the consideration for purchase of realty, but title is taken in the name of another.” State, Dept. of Revenue v. Zuckerman-Vernon Corp., 354 So. 2d 353, 356 (Fla.1977); Wadlington v. Edwards, 92 So. 2d 629, 631 (Fla.1957); Socarras v. Yaque, 452 So. 2d 992, 994 (Fla. 3d DCA 1984), review denied, 461 So. 2d 116 (Fla.1985). Cf. Meskell v. Meskell, 355 Mass. 148, 243 N.E. 2d 804 (1969)(citing [*1229] Restatement (Second) Trusts § 411, cmt. o, court distinguishes between scenarios where resulting trust ar…
• Pollock v. Emil Morton, 455 So. 2d 574 (Fla. 3d DCA 1984)
  …alty taken in its own name, simply does not, as a matter of law, give rise to an equitable lien or equitable mortgage upon the property.3 Proudley v. Fidelity & Guaranty Fire Corp., 345 Pa. 385, 29 A. 2d 48 (1942); compare, e.g., So-carras v. Yaque, 452 So. 2d 992 (Fla. 3d DCA 1984); Merritt v. Unkefer, 223 So. 2d 723 (Fla.1969); 36 Fla.Jur.2d Mortgages § 10 (1982).4 2. It is manifestly not a matter of “equity and good conscience,” as is indispensable for the intervention of the chancery court to achieve any…

Authorities Cited

• State v. Phoenix, 428 So. 2d 262 (Fla. 4th DCA 1982)
• Martin v. State, 411 So. 2d 169 (Fla. 1982)
• Walker v. Walker, 439 So. 2d 963 (Fla. 1st DCA 1983)
• Downs v. State, 439 So. 2d 963 (Fla. 1st DCA 1983)
• Brown v. State, 431 So. 2d 696 (Fla. 3d DCA 1983)