Rollins v. Thomas

District Court of Appeal of Florida

Rollins v. Thomas

333 So. 2d 62, 1976 Fla. App. LEXIS 14476

District Court of Appeal of Florida·Decided June 14, 1976·No. No. Z-134·Published

Opinion

PER CURIAM.

We now visit this case for a second time. (See Thomas v. Rollins, Fla.App. 1st 1974, 298 So.2d 186) Since our prior opinion, a trial has been held on the merits following which the trial court entered a final judgment imposing a constructive trust in favor of appellees. From that final judgment this appeal is taken. An examination of the [63] record reveals conflicting evidence. It was the province of the trial judge to resolve that conflict. If appellees’ version of the evidence is accepted as true the requisites for a constructive trust were established. We find no error.

AFFIRMED.

BOYER, C. J., and McCORD and MILLS, J J., concur.

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PER CURIAM.

We now visit this case for a second time. (See Thomas v. Rollins, Fla.App. 1st 1974, 298 So.2d 186) Since our prior opinion, a trial has been held on the merits following which the trial court entered a final judgment imposing a constructive trust in favor of appellees. From that final judgment this appeal is taken. An examination of the [63] record reveals conflicting evidence. It was the province of the trial judge to resolve that conflict. If appellees’ version of the evidence is accepted as true the requisites for a constructive trust were established. We find no error.

AFFIRMED.

BOYER, C. J., and McCORD and MILLS, J J., concur.

Rollins v. Thomas, 333 So. 2d 62, 1976 Fla. App. LEXIS 14476 (Fla. Ct. App. 1976).

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