KUKETZ v. BIBONA

No. 5D06-2438.

971 So.2d 896 (2007)

David Allan KUKETZ, Appellant, v. Rosalie BIBONA, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 9, 2008.


Attorney(s) appearing for the Case

Marcia K. Lippincott, of Marcia K. Lippincott, P.A., Lake Mary, for Appellant.

Marshal D. Morgan and Norman D. Levin, of Levin, Morgan & Longo, LLC, Longwood, for Appellee.


EVANDER, J.

We affirm the trial court's imposition of a constructive trust on Mr. Kuketz' one-half legal interest in real property initially titled solely in Ms. Bibona's name. The evidence supports the trial court's conclusion that Ms. Bibona conveyed one-half interest in her home to Mr. Kuketz based on his promise to marry her when, in fact, Mr. Kuketz had no intent to marry Ms. Bibona. A court of equity may impose a constructive trust "where one, through actual...

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