HODGES v. SURRATT

No. 77-1745.

366 So.2d 768 (1978)

Raymond H. HODGES, As Personal Representative of the Estate of Charles Albert Giramaire, Deceased, Appellant, v. Rachael B. SURRATT, Samuel Walter Surratt, Jr., and Flagship Bank of Zephyrhills, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 26, 1979.


Attorney(s) appearing for the Case

Jerry A. DeVane of DeVane & Allen, Lakeland, for appellant.

H. Clyde Hobby of McClain & Hobby, Dade City, for appellees Surratts.

Tom Ross of Sumner, Tyner, Williams, McKnight & Ross, Dade City, for appellee Flagship Bank of Zephyrhills.


OTT, Judge.

The personal representative of the Estate of Charles A. Giramaire brought an action against Mr. and Mrs. Surratt jointly for fraud, undue influence, conversion and imposition of a constructive trust. The action was brought against Mrs. Surratt individually for breach of fiduciary duty and to void or set aside the various transfers of real and personal property that resulted therefrom. In due course, the case came on for trial by jury. At the conclusion...

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