green
Positive treatment
Quoted verbatim 1×
8.6 score
“before a constructive trust in real property will be created, the person claiming such interest must prove beyond a reasonable doubt by clear and convincing evidence those factors which give rise to the trust”
Top citers, strongest first. 2 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
Castetter v. Henderson
before a constructive trust in real property will be created, the person claiming such interest must prove beyond a reasonable doubt by clear and convincing evidence those factors which give rise to the trust
discussed
Cited "see, e.g."
Wieczoreck v. H & H BUILDERS, INC.
See also Harris v. Harris, 260 So.2d 854 (Fla. 1st DCA 1972) (cancellation of deed); Sobel v. Lobel, 168 So.2d 195 (Fla. 3d DCA 1964) (reformation of stock sale agreement); Nussey v. Caufield, 146 So.2d 779 (Fla. 2d DCA 1962) (cancellation of deed and mortgage). *229 The majority fails to discuss the common law reason, previously reaffirmed by this Court, for requiring the greater burden of proof: the need for strength and reliability of written agreements in the market place.
Retrieving the full opinion text from the archive…
Dudley Lewis LEE
v.
STATE of Florida
v.
STATE of Florida
No. Q-131.
District Court of Appeal of Florida, First District.
Apr 20, 1972.
Dudley Lewis Lee, in pro. per., Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.
Carroll, Donald, Johnson, Rawls.
Published
PER CURIAM.
The briefs and the record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the order of the lower court is affirmed. See Lee v. State, 233 So.2d 163 (Fla.App.1970).
CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.