Opinion

Steckel v. Brown

  • 449 So. 2d 931
  • 1984 Fla. App. LEXIS 13069
Court
District Court of Appeal of Florida
Filed
May 1, 1984
Status
Published
On the bench
Nesbitt, Pearson, Schwartz
Cited by
0 cases
Authority
More cited than 26.1%

The opinion

PER CURIAM.

While the trial court correctly ruled that the plaintiffs-appellants had no viable claim based upon the face of the wills in question themselves, it plainly abused its discretion in denying their motion to amend the complaint with respect to their assertion that they were entitled to the imposition of a constructive trust upon assets of the defendant estate and in consequently entering summary judgment in its favor. Firestone Tire and Rubber Co. v. Thompson Aircraft Tire Corp., 353 So.2d 137 (Fla. 3d DCA 1977); Pasekoff v. Kaufman, 392 So.2d 971 (Fla. 3d DCA 1981). Accordingly, the judgment below is reversed and the cause remanded for further proceedings consistent herewith.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.