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MAGWOOD v. TATE

No. 4D01-3785.

835 So.2d 1241 (2003)

Dorothy MAGWOOD, as Personal Representative of the Estate of Anderson Lee Tate, Jr., Appellant, v. Anderson Lee TATE, Sr., and Elijah White, Appellees.

District Court of Appeal of Florida, Fourth District.

January 29, 2003.

Attorney(s) appearing for the Case

Jennifer S. Carroll and John M. Porter of Law Offices of Jennifer S. Carroll, P.A., Palm Beach Gardens, and Ronald L. Cason of Law Offices of Ronald L. Cason, Fort Pierce for appellant.

Deborah A. Sawyer, Fort Pierce, for appellee Anderson Lee Tate, Sr.

GROSS, J.

The issue in this case is whether the law will find unjust enrichment to create a contract implied in law that visits the sins of the parents upon their child. We hold that no contract implied in law arises and reverse the final judgment.

This case grew out of the relationship between Virginia Barrett and Anderson Lee Tate, Sr. ("Tate, Sr."). Barrett met Tate, Sr. around 1969. He was sixteen and she was about the same age. At the time they met, she...

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