OTIS ELEVATOR COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
HARRY ROSS AND KATHERINE ROSS, HIS WIFE, APPELLEES
OTIS ELEVATOR COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS,
HARRY ROSS AND KATHERINE ROSS, HIS WIFE, APPELLEES
463 So. 2d 1219
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
Affirmed. Dragon v. Grant, 429 So. 2d 1329 (Fla. 5th DCA 1983); Quinn v. Millard, 358 So. 2d 1378 (Fla. 3d DCA 1978); Zack v. Centro Espanol Hospital, Inc., 319 So. 2d 34 (Fla. 2d DCA 1975); LaBarbera v. Millan Builders, Inc., 191 So. 2d 619 (Fla. 1st DCA 1966); see Jaime v. Vilberg, 363 So. 2d 386, 388 (Fla. 3d DCA 1978) (hospital records are admissible under the business record exception to the hearsay rule only upon the laying of a proper foundation).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Helene A. Steigman v. Danese, 502 So. 2d 463 (Fla. 1st DCA 1987)…trust are: (1) a confidential relationship, by which (2) one acquires an advantage which he should not, in equity and good conscience, retain. Lowell and Grimsley, citing Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (1927). See also Mayer v. Cianciolo, 463 So. 2d 1219, 1222 (Fla. 3rd DCA 1985), where the court held a constructive trust may arise even in the absence of fraud, where there is (1) a confidential relation, (2) a transaction induced by the relation, and (3) a breach of the confidence reposed. The court…
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Carmel Lee Labelle v. Rupert C. Labelle, 624 So. 2d 741 (Fla. 5th DCA 1993)…00 of designated personal property. These protections do not apply to properties which are purchased with fraudulently obtained, traceable proceeds and which are, therefore, subject to the imposition. of a constructive trust. See Mayer v. Cianciolo, 463 So. 2d 1219 (Fla. 3d DCA 1985). Moreover, we find no suggestion in the record before us that Rupert LaBelle properly preserved this issue for appeal. In respect to the appeal of Carmel La-Belle, we note that she also failed to raise any objection to the interv…
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Hutson v. Brooks, 646 So. 2d 276 (Fla. 2d DCA 1994)…whom he has a confidential relationship to hold for a particular purpose, a constructive trust arises in favor of the promisee which may be enforced where the promisor acts in a fashion so as to harm the beneficiary’s interest. Mayer v. Cianciolo, 463 So. 2d 1219, 1222 (Fla. 3d DCA 1985) (footnote omitted). Brooks was entrusted with Fred and Thelma’s money. On Thelma’s death, Fred was entitled to the funds. By refusing to release any money unless Fred complied with his special condition, Brooks violated his…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Quinn v. Truman Alan Millard, 358 So. 2d 1378 (Fla. 3d DCA 1978)
- Joe T. LaBARBERA et ux. v. Millan Builders, Inc., 191 So. 2d 619 (Fla. 1st DCA 1966)
- Zack v. Centro Espanol Hosp., Inc., 319 So. 2d 34 (Fla. 2d DCA 1975)
- Jaime v. Vilberg, 363 So. 2d 386 (Fla. 3d DCA 1978)
- Devore v. State, 429 So. 2d 1329 (Fla. 5th DCA 1983)