UPCHURCH, Chief Judge.
We reverse the final summary judgment of the Circuit Court for Orange County, probate division, imposing a constructive trust in favor of appellee over a mineral interest in property located in Volusia County. We find that the lower court lacked subject matter jurisdiction because: (1) the mineral interest, unlike the surface estate, was not owned by the decedent and thus was not an asset of the decedent's estate but rather was a separate and...
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