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Florida Appeals prevailed today in a complex commercial litigation matter involving the interplay between breach of contract actions and probate law. The Fifth District Court of Appeal reversed a final judgment entered in favor of a creditor against its client in a detailed 11-page opinion issued this morning. The appellate court clarified that the creditor’s relief was solely within the constraints of Florida’s Probate Code. The Court reasoned that the creditor cannot escape the confines of the Florida Probate Code by recasting a claim as one of ownership. The Court went on to hold that It was reversible error for the trial court to impose a constructive trust over the assets, thereby removing the assets from the estate and thwarting the priority of claims established under the probate code.

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