HOLLYWOOD BANK AND TRUST CO.

v.

PEERLESS INSURANCE COMPANY

Citator

Cited By

• Hiestand v. Geier, 396 So. 2d 744 (Fla. 3d DCA 1981)
  …t, denied, 183 So. 2d 215 (Fla.1965). “Clear and convincing” is also the standard of evidence required to prove constructive trusts. Brown v. Vining, 334 So. 2d 647 (Fla.3d DCA 1976); Carberry v. Foley, 213 So. 2d 635 (Fla.3d DCA 1968), cert, denied 222 So. 2d 750 (Fla.1969). The standard that “evidence must be so clear, strong, and unequivocal as to remove from the mind of the Chancellor every reasonable doubt as to the existence of the trust”, Goldman v. Olsen, supra at 624, is countermanded by the holding…
• Steinhardt v. Steinhardt, 445 So. 2d 352 (Fla. 3d DCA 1984)
  …he imposition of a construe- [*356] tive trust in favor of the above-stated plaintiffs in their individual capacities. See, e.g., Brown v. Vining, 334 So. 2d 647 (Fla. 3d DCA 1976); Carberry v. Foley, 213 So. 2d 635 (Fla. 3d DCA 1968), cert. denied, 222 So. 2d 750 (Fla.1969). It is settled that a constructive trust is imposed by a court of equity “to prevent an unjust enrichment of one person at the expense of another as the result of fraud, undue influence, abuse of confidence or mistake in the transaction t…
• Warner S. Olds v. State, 302 So. 2d 787 (Fla. 4th DCA 1974)
  …enerally 6 Fla.Jur. Contempt, § 12, (1956); 17 Am. Jur.2d Contempt, § 25 et seq., (1964); Kleinfeld v. State, 270 So. 2d 22 (3d D.C.A.Fla.1972), cert. den. 275 So. 2d 251 (Fla.1973); Vernell v. Gerstein, 212 So. 2d 11 (3d D.C.A.Fla.1968), cert. den. 222 So. 2d 750 (Fla.1969), cert. den. 396 U.S. 849, 90 S.Ct. 76, 24 L.Ed.2d 98 (1969). Reflecting from the appellate atmosphere, distant from the heat and ■ instant issues of the trial court forum, we opine that the problem, if there was one, could not be solved…

Authorities Cited

• Peerless Ins. Co. v. Hollywood Bank & Tr. Co., 214 So. 2d 356 (Fla. 2d DCA 1968)