HOWARD MCGEE, APPELLANTS,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• In re the Est. OF Alexander Tolin, 622 So. 2d 988 (Fla. 1993)
  …is equitable remedy is usually limited to circumstances in which fraud or [*991] a breach of confidence has occurred, it is proper in cases in which one party has benefited by the mistake of another at the expense of a third party. Holmes v. Holmes, 463 So. 2d 578 (Fla. 1st DCA 1985). In the instant case, the parties’ stipulation shows that the testator destroyed the copy of the codicil “with the intent, and for the purpose of revocation.” In fact, both parties further stipulated that the concise issue on ap…
• Blaney v. McCLUSKEY, 529 So. 2d 314 (Fla. 1st DCA 1988)
  …cause of action against appellee individually, the trial judge concluded that he had no basis upon which to impose a constructive trust. Thereupon, he dismissed count II of the second amended complaint with prejudice. In Holmes by Holmes v. Holmes, 463 So. 2d 578 (Fla. 1st DCA 1985), under somewhat similar circumstances, this Court reversed a final judgment in which the trial judge refused to impose a constructive trust upon insurance proceeds. The court, citing Wadlington v. Edwards, 92 So. 2d 629 (Fla.1957…
• Browning v. Karen Browning and the Estate of John A. Browning, 784 So. 2d 1145 (Fla. 2d DCA 2001)
  …irst District concluded that a decedent-father either “abused a confidence or made a mistake in failing to provide any life insurance on himself for the benefit of his minor child, as required by the final judgment of dissolution.” Holmes v. Holmes, 463 So. 2d 578, 580 (Fla. 1st DCA 1985) (imposing constructive trust on insurance proceeds for benefit of minor child when decedent-father had failed to comply with life insurance requirement in dissolution decree). Because the Mother alleged, and the Widow does n…

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Authorities Cited

• Cherin v. S. Star Land & Cattle Co., Inc., 400 So. 2d 1 (Fla. 1981)