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BANK OF AMERICA v. BANK OF SALEM

No. 1D10-1424.

48 So.3d 155 (2010)

BANK OF AMERICA, Appellant, v. BANK OF SALEM and Mace David Howell, III, et al., Appellee.

District Court of Appeal of Florida, First District.

November 22, 2010.

Attorney(s) appearing for the Case

Edward P. Fleming , James E. Cheek , and Bradley M. Saxton of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for Appellant.

Richard P. Petermann, Jr. and L. Paul Sirmans of Anchors, Smith, Grimsley, P.L.C., Fort Walton Beach, for Appellee.

PER CURIAM.

Mace David Howell (Howell) obtained two separate loans from two separate banks totaling $800,000. The loans were unsecured. Shortly after Howell obtained the loans, he died. Upon Howell's death, both banks sought to recover their loans by having the trial court impose a constructive trust on property Howell allegedly used the funds to purchase. The trial court entered an order imposing a constructive trust in favor of the first of the two banks to loan...

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