STECKEL v. BROWN

No. 83-2746.

449 So.2d 931 (1984)

Wells S. STECKEL and Anne Steckel Ratsey, Appellants, v. Emmett A. BROWN and Joel Eugene Brown, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 31, 1984.


Attorney(s) appearing for the Case

McDonald & McDonald and David McDonald, Miami, for appellants.

Floyd, Pearson, Stewart, Richman, Greer, Weil & Zack and Gerald Richman and Bertha Claire Lee and Charles H. Johnson, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


PER CURIAM.

While the trial court correctly ruled that the plaintiffs-appellants had no viable claim based upon the face of the wills in question themselves, it plainly abused its discretion in denying their motion to amend the complaint with respect to their assertion that they were entitled to the imposition of a constructive trust upon assets of the defendant estate and in consequently entering summary judgment in its favor. Firestone Tire and Rubber Co. v....

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