LOGIE v. J.P. MORGAN, FLORIDA, F.S.B.

No. 97-0148.

716 So.2d 319 (1998)

Francis LOGIE and Jacqueline Logie, Appellants, v. J.P. MORGAN, FLORIDA, F.S.B., as personal representative of the Estate of Flore Lesieur, Appellee.

District Court of Appeal of Florida, Fourth District.

August 5, 1998.


Attorney(s) appearing for the Case

Peter J. Forman of Tescher Chaves Rubin Forman & Muller, P.A., Boca Raton, for appellant.

Holly R. Skolnick, Elliot H. Scherker, Gary D. Weinfeld, and Charles S. Kyriazos of Greenberg Traurig Hoffman Lipoff Rosen & Quentel, P.A., Miami, for appellee.


PER CURIAM.

Appellants appeal the dismissal of their four count complaint. We reverse the dismissal as to one count, finding appellants sufficiently pled the elements of a constructive trust.

The Florida Supreme Court has held: A constructive trust is properly imposed when, as a result of a mistake in a transaction, one party is unjustly enriched at the expense of another. Although this equitable remedy is usually limited to circumstances in which...

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