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BENJAMIN v. FORE

No. 2D07-5099.

995 So.2d 543 (2008)

Rusty L. BENJAMIN and Aida Benjamin, Appellants, v. Paul FORE and Mary Fore, Appellees.

District Court of Appeal of Florida, Second District.

August 8, 2008.

Attorney(s) appearing for the Case

John P. Fleck, Jr., Bradenton, for Appellants.

Mark A. Nelson of Ozark, Perron & Nelson, P.A., Bradenton, for Appellees.

NORTHCUTT, Chief Judge.

Rusty and Aida Benjamin sued Paul and Mary Fore, claiming a constructive trust on property purchased by the Fores, and the Benjamins appeal an adverse final summary judgment. We decline to reach the merits of the appeal at this time because the final judgment was rendered while the Benjamins' nonfinal appeal was pending in this court. See Benjamin v. Fore, 969 So.2d 1025 (Fla. 2d DCA 2007) (table decision...

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