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PRESCOTT v. STANLEY

No. 97-1610

710 So.2d 674 (1998)

Kenneth D. PRESCOTT, Appellant, v. Edward F. STANLEY, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

April 24, 1998.

Attorney(s) appearing for the Case

William H. McDonald, III, Ocala, for Appellant.

Bryce W. Ackerman, of Simmons, Hart & Sheehe, Ocala, for Appellee.

HARRIS, Judge.

Prescott sued his brother's estate claiming that funds belonging to him had been improperly deposited into the estate account and considered an estate asset. He sought to impose a resulting or constructive trust against the estate to the extent of the funds so deposited. The court dismissed these counts with prejudice because plaintiff had failed to timely file a claim against the estate. We affirm.

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