Steckel v. Brown

District Court of Appeal of Florida

Steckel v. Brown

449 So. 2d 931, 1984 Fla. App. LEXIS 13069

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1984

DocketNo. 83-2746

StatusPublished

This text of 449 So. 2d 931 (Steckel v. Brown) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Steckel v. Brown, 449 So. 2d 931, 1984 Fla. App. LEXIS 13069 (Fla. Ct. App. 1984).

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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.

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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.

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449 So. 2d 931, 1984 Fla. App. LEXIS 13069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steckel-v-brown-fladistctapp-1984.

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