RAFAEL CASTILLO, APPELLANT,
v.
MARTHA VLAMINCK DE CASTILLO, APPELLEE
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A mother sought to recover $200,000 she gave her son for investment in a certificate of deposit in the names of all her surviving children, claiming he improperly kept the funds in an account in his name alone. The court affirmed an injunction freezing the account pending resolution of the case, finding that injunctive relief is appropriate to protect the alleged res of a constructive trust.
The court affirmed the injunction, holding that injunctive relief is appropriate to protect pending litigation what is asserted to be the res of a constructive trust implied by operation of law, and that the appellant's objections to the injunction, including his claim that the mother failed to demonstrate a likelihood of prevailing on the merits, were without merit.
[1] Injunctive relief is appropriate to protect the res of a trust implied by operation of law pending litigation.
[2] A constructive trust may be imposed on funds allegedly misapplied in violation of an understanding to purchase a certificate of deposit.
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Join FLexlaw to unlock all legal intelligence“we reassert the appropriateness of injunctive relief to protect pen-dente lite what is asserted to be the res of a trust implied by operation of law”
Establishes the central holding that injunctions are appropriate to preserve property pending litigation of constructive trust claims.
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Join FLexlaw to unlock all legal intelligenceThe appellee (mother) gave her son a $200,000 check with the understanding that he would purchase a certificate of deposit in the names of herself and…
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SCHWARTZ, Chief Judge.
The appellee, who is the mother of the appellant, claims that he improperly employed the proceeds of her $200,000.00 check made payable to him allegedly on the understanding that he would purchase a certificate of deposit in the names of her and all her surviving children, by establishing a $200,-000.00 account in his name alone. The trial court issued an injunction against the disbursal of the $200,000.00 fund pending the determination of the action below. Because the appellee sought, among other things, the imposition of a constructive trust on the account, see 56 Fla.Jur.2d Trusts § 99 (1985), the injunctive order is affirmed.
In so holding, we reassert the appropriateness of injunctive relief to protect pen-dente lite what is asserted to be the res of a trust implied by operation of law. Hudson Nat’l Bank v. Shapiro, 695 F.Supp. 544 (S.D.Fla.1988); ITT Community Dev. Corp. v. Barton, 457 F.Supp. 224 (M.D.Fla.1978); Escudero v. Hasbun, 689 So. 2d 1144 (Fla. 3d DCA 1997); Olivares v. Posada, 682 So. 2d 704 (Fla. 3d DCA 1996)(per curiam); Tabsch v. Nojaim, 548 So. 2d 851 (Fla. 3d DCA 1989); Korn v. Ambassador Homes, Inc., 546 So. 2d 756 (Fla. 3d DCA 1989); Constance v. Constance, 366 So. 2d 804 (Fla. 3d DCA 1979), cert. denied, 376 So. 2d 70 (Fla.1979); see Mendes v. Dowelanco Indus. LTDA, 651 So. 2d 776, 779 n. 2 (Fla. 3d DCA 1995)(raising but not resolving issue); Barbouti v. Lysandrou, 559 So. 2d 648, 649 n. 2 (Fla. 3d DCA 1990)(same).
The trust situation is clearly distinguishable from such cases as Oxford Int’l Bank & Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So. 2d 54 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1199 (Fla.1980) and Konover Realty Assocs., Ltd. v. Mladen, 511 So. 2d 705 (Fla. 3d DCA 1987), which hold that pretrial injunctions or other restraints upon the dissipation of property, which serve merely to preserve funds for execution upon an eventual judgment, are unavailable in an action for money damages alone.
The appellant’s other objections to the in-junctive order, including the claim that it was not supported by a demonstrated likelihood that Ms. Castillo would prevail in the litigation itself, are likewise without merit.
Affirmed.
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Weinstein v. Yoram Aisenberg, 758 So. 2d 705 (Fla. 4th DCA 2000)…relief available under the prejudgment garnishment statute, section 77.031, Florida Statutes (1999). Nor did Asenberg seek an injunction incident to an action to impose a constructive trust on the bank accounts. See Castillo v. Vlaminck de Castillo, 701 So. 2d 1198, 1199 (Fla. 3d DCA 1997); Korn v. Ambassador Homes, Inc., 546 So. 2d 756, 757 (Fla. 3d DCA 1989); see generally, Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (1927); [*708] Staples v. Battisti, 191 So. 2d 583, 585 (Pla. 3d DCA 1966). Many district cou…
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Vargas v. Vargas, 771 So. 2d 594 (Fla. 3d DCA 2000)…he court’s jurisdiction, the corpus of any possible constructive trust would no longer be available, thereby rendering such equitable relief unattainable should the sisters ultimately prevail on their complaint. See Castillo v. Vlaminck de Castillo, 701 So. 2d 1198, 1199 (Fla. 3d DCA 1997). Moreover, no adequate remedy at law could restore possession of these shares or the monies to the sisters. The sisters also have a likelihood of success on the merits based upon their ownership interest in the subject asset…
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Beta Real Corp. v. Graham, 839 So. 2d 890 (Fla. 3d DCA 2003)…ve trust, equitable lien, or similar remedy upon allegedly fraudulently transferred monies held by Beta Real Corporation in Florida real and personal property.4 Tabet v. Tabet, 644 So. 2d 557 (Fla. 3d DCA 1994); see Castillo v. Vlaminck de Castillo, 701 So. 2d 1198 (Fla. 3d DCA 1997); Escudero v. Hasbun, 689 So. 2d 1144 (Fla. 3d DCA 1997); ITT Community Development Corp. v. Barton, 457 F.Supp. 224 [*893] (M.D.Fla.l978)(permitting injunction against transfer). Reversed. . The allegations that the appellant en…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- Oxford Int'l Bank & Tr., Ltd. v. Merrill Lynch, 374 So. 2d 54 (Fla. 3d DCA 1979)
- Harris v. Fla. Dep't OF Labor & Emp. Sec., 374 So. 2d 54 (Fla. 3d DCA 1979)
- Konover Realty Assocs., Ltd. v. Mladen, 511 So. 2d 705 (Fla. 3d DCA 1987)
- Korn v. Ambassador Homes, Inc., 546 So. 2d 756 (Fla. 3d DCA 1989)
- Constance v. Constance, 366 So. 2d 804 (Fla. 3d DCA 1979)
- Estuardo Ramon Estrada Escudero v. Hasbun, 689 So. 2d 1144 (Fla. 3d DCA 1997)
- Mendes v. Dowelanco Indus. Ltda., 651 So. 2d 776 (Fla. 3d DCA 1995)
- Ihsan Barbouti v. Loizos Lysandrou, 559 So. 2d 648 (Fla. 3d DCA 1990)
- Salim Tabsch v. Nojaim, 548 So. 2d 851 (Fla. 3d DCA 1989)
- Hudson Nat'l Bank v. Shapiro, 695 F. Supp. 544 (S.D. Fla. 1988)