BOTSIKAS v. YARMARK

No. 64-429.

172 So.2d 277 (1965)

Josephine BOTSIKAS, a/k/a Josephine Yarmark, Appellant, v. Rose YARMARK, individually and as Administratrix of the Estate of Abraham Yarmark, deceased, Ronald W. Yarmark, and Muriel S. Kessler, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 16, 1965.


Attorney(s) appearing for the Case

James Pilafian, Brigham, Smith & Brigham and Janet Reno, Miami, for appellant.

Dubbin, Schiff, Berkman & Dubbin and Paul E. Gifford, Miami, for appellees.

Before HORTON, TILLMAN PEARSON and HENDRY, JJ.


HORTON, Judge.

Plaintiff-appellant brought a bill in equity against the administratrix of decedent's estate, his widow, and heirs at law, praying that the court declare (1) a partnership between appellant and decedent, or (2) the imposition of an involuntary or constructive trust as to certain properties, and an accounting.

In substance, the amended complaint alleges, inter alia, that a confidential relationship existed between appellant and the decedent;...

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