Darcy v. Osborne

GREENE, Judge.

Plaintiff, Elizabeth Wallace Darcy, filed a complaint against defendants, Steve Osborne and Ella Mae Rutherford, on 6 March 1989, requesting the court to impose a constructive trust on certain real property. The case was heard without a jury on 6 November 1989. The case against Steve Osborne was dismissed. An order filed 6 March 1990 indicates the court imposed a constructive trust on real property against defendant Rutherford, ordering her to pay plaintiff $7,000.00. Ella Mae Rutherford (defendant) appeals.

On appeal, plaintiff filed a motion to dismiss defendant’s appeal upon…