F.J. HOLMES EQUIP., INC. v. BABCOCK BLDG. SUP., INC.

No. 89-168.

553 So.2d 748 (1989)

F.J. HOLMES EQUIPMENT, INC., et al., Appellants, v. BABCOCK BUILDING SUPPLY, INC., Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 14, 1989.


Attorney(s) appearing for the Case

David Joseph Volk, Andrew A. Graham, Maureen M. Matheson and Michael R. Riemenschneider of Reinman, Harrell, Silberhorn & Graham, P.A., Melbourne, for appellants.

Benjamin Y. Saxon of the Law Offices of Benjamin Y. Saxon, P.A., Melbourne, for appellee.


COWART, Judge.

This case involves the issue of priority between the beneficiary of a resulting trust and the lien of a judgment against the trustee of the unrecorded resulting trust where the judgment creditor relied on the trustee's apparent ownership of land in extending credit which was the basis for the debt for which the judgment was obtained.

The relevant facts can be simplified as follows: pursuant to an unrecorded agreement between A (appellant Schill...

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