NOTI v. HOLIDAY

No. 84-491.

458 So.2d 795 (1984)

Charles NOTI, Appellant, v. Thomas HOLIDAY, a/k/a Tom Hobday, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 3, 1984.


Attorney(s) appearing for the Case

Bender, Bender & Chandler and James Chandler, III, Coral Gables, for appellant.

Cohen, Brown, Reed, Ivans & Schwartz and Jay D. Schwartz, Miami, for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.


PER CURIAM.

We reverse the trial court's order of final judgment entering judgment for Holiday on Noti's complaint for eviction and imposing a resulting trust on the property in favor of Holiday. Holiday failed to prove by clear and convincing evidence, Hiestand v. Geier, 396 So.2d 744 (Fla. 3d DCA), review denied, 407 So.2d 1103 (Fla. 1981), that Koch (Holiday's alleged predecessor

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