LEROY FRANKLIN CLADD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LEROY FRANKLIN CLADD, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
210 So. 2d 253
Florida District Court of Appeal, Third District (1968)
Positive Treatment
Cited by 11 cases
Opinion of the Court
This is an appeal from a verdict which found the appellant guilty of murder in the third degree, judgment and sentence accordingly.
The only point preserved for review on appeal is whether there was competent, sufficient evidence to sustain the verdict. An examination of the record reveals such and, therefore, it is incumbent upon this court to sustain it. Williams v. State, Fla.App.1966, 187 So.2d 913; Walden v. State, Fla.App.1966, 191 So.2d 68; Richburg v. State, Fla.App.1967, 199 So.2d 488.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Clifton v. Clifton, 553 So. 2d 192 (Fla. 5th DCA 1989)…surer had incurred liabilities based on their assumptions that Charles A. Sr. inherited a remainder interest in the homestead. However, Dorothy took no steps to mislead Charles A. Jr. or the intervenor as to her title or claims. See Howell v. Fiore, 210 So. 2d 253 (Fla. 2d DCA 1968). Cf. Cook v. Katiba, 190 So. 2d 309 (Fla.1966). Further, her mistake (as well as everyone else’s involved in this ease) was one of law—the misapplication of Florida law to the facts and circumstances which took place. This is not…
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Harnish v. Peele, 386 So. 2d 8 (Fla. 5th DCA 1980)…ed of, conveyed or transferred, but the intent appears or is inferred from the terms of the disposition, or from accompanying facts and circumstances, that the beneficial interest is not to go to or be enjoyed with the legal title. Howell v. Fiore, 210 So. 2d 253 (Fla. 2d DCA 1968). The trust arises by operation of law, but a vital element is the intent of the parties to create a trust relationship. The intention of the parties may be presumed from the facts. Smith v. Smith, 143 Fla. 159, 196 So. 409 (1940)…
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Davidson v. Lely Ests., Inc., 330 So. 2d 528 (Fla. 2d DCA 1976)….2 The facts here were obviously insufficient to allege a resulting trust which depends on the intention of the parties, although perhaps presumed, to create a trust. Smith v. Smith, 1940, 143 Fla. 159, 196 So. 409; Howell v. Fiore, Fla.App.2d 1968, 210 So. 2d 253. We think the plaintiffs’ pleading does, however, properly allege the elements of a constructive trust, a device constructed by a court of equity to avoid the imposition of fraud or misrepresentation as a result of a transaction.3 In the classic cas…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sobol v. Sobol, 191 So. 2d 68 (Fla. 3d DCA 1966)
- Morena Williams v. State, 187 So. 2d 913 (Fla. 3d DCA 1966)
- Richburg v. State, 199 So. 2d 488 (Fla. 4th DCA 1967)