VALDES v. MUNIZ

No. 4044.

164 So.2d 876 (1964)

Joe VALDES, d/b/a Spanish Park Restaurant, and George Garcia, as Legal Guardian of the property and person of George Henry Garcia, a minor, Appellants, v. Sarah Dora MUNIZ, Appellee.

District Court of Appeal of Florida. Second District.

January 22, 1964.


Attorney(s) appearing for the Case

Burton G. Henson of Henson, Berry & Edwards, Tampa, for appellants.

John R. Parkhill, Tampa, for appellee.


ALLEN, Judge.

The appellants were the plaintiffs below in a declaratory judgment proceeding against the defendant-appellee seeking to establish a trust and for qualification of trustees. They appeal a final decree which held that no trust had been created.

Joe Valdes owed Manuel Muniz $2,500, which Valdes had borrowed from Muniz. Muniz died intestate on August 15, 1958. During the lifetime of Muniz, Valdes offered to repay the debt and Muniz orally stated...

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