OPINION
FROEB, Judge.
This appeal arises from an order of the trial court granting a motion for partial summary judgment. The trial court found no genuine issue of material fact and held as a matter of law that the remedy of a constructive trust was inapplicable. We agree and affirm the judgment.
While there is controversy as to some facts, the record indicates that there is no genuine issue presented as to those which are hereafter set forth.
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