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COLVIN v. HOMAN

No. 82-2812.

442 So.2d 370 (1983)

Thomas Allen COLVIN, Appellant, v. Margaret HOMAN, Appellee.

District Court of Appeal of Florida, Second District.

December 9, 1983.

Attorney(s) appearing for the Case

Charles J. Pisieczko, St. Petersburg, for appellant.

Chad W. Browne of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee.

PER CURIAM.

There is sufficient evidence in the record to sustain the granting of a constructive trust against appellant's property. However, the court erred in assessing attorney's fees against the appellant. This is not one of those rare cases in which attorney's fees may be awarded in the absence of a contract or applicable statute and where no fund has been created or brought into court. See Glusman v. Lieberman, 285 So.2d 29

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