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FOUND. FOR DISABLED v. STEP BY STEP EDUC.

No. 2D09-686.

29 So.3d 1221 (2010)

The FOUNDATION FOR the DEVELOPMENTALLY DISABLED, INC., Appellant, v. STEP BY STEP EARLY CHILDHOOD EDUCATION AND THERAPY CENTER, INC., and The Bower Foundation, Appellees.

District Court of Appeal of Florida, Second District.

March 26, 2010.

Attorney(s) appearing for the Case

Roger G. McMorrow of The McMorrow Law Firm, P.A., Naples, for Appellant.

Marve Ann M. Alaimo and Christopher L. Ulrich of Cummings & Lockwood, LLC., Bonita Springs, for Appellee Step By Step Early Childhood Education and Therapy Center, Inc., Lawrence A. Farese and Erica L. Airsman of Robins, Kaplan, Miller & Ciresi, L.L.P., Naples, for Appellee The Bower Foundation.

Bill McCollum, Attorney General, and Blaine H. Winship, Assistant Attorney General, Tallahassee, as Amicus Curiae for Appellees.

WHATLEY, Judge.

The Foundation for the Developmentally Disabled, Inc. (the "Foundation"), appeals a final judgment imposing a resulting trust and a constructive trust in favor of the operator of Step By Step Early Childhood Education and Therapy Center, Inc. ("Step By Step"). At the center of this dispute are donations made during the 1980s to the Foundation by Edwin Bower through his charitable foundation, The Bower Foundation. Mr. Bower intended that his donations...

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