Legal Opinion · Dissent

Ament v. Ament

District Court of Appeal of Florida

Decided May 29, 1973No. 72-711Published

1DissentCarroll, Judge

Under the law of this state relating to equitable liens, in my opinion the plaintiff-appellant was clearly entitled to an equitable lien based on the circumstances revealed by the evidence in this case. I therefore respectfully dissent from the majority’s affirmance of the portion of the trial court’s judgment whereby it was held that the plaintiff was not entitled to an equitable lien on the residence property purchased by the defendants with aid of $5,000 advanced therefor by the plaintiff, who at the outset was promised a second mortgage as security, with repeated assurances thereafter…

2Cases cited5 opinions

  1. Jones Trustee Etc. v. CarpenterSupreme Court of Florida · 1925
  2. Hullum v. Bre-Lew CorporationSupreme Court of Florida · 1957
  3. Folsom v. Farmers Bk. of Vero BeachSupreme Court of Florida · 1931
  4. Imler Earthmovers, Inc. v. SchattenDistrict Court of Appeal of Florida · 1970
  5. Gulf Shore Dredging Co. v. IngramDistrict Court of Appeal of Florida · 1966

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