Legal Question in Business Law in Florida

Remedies and rights under constructive trust.

My corp has a 50% equitable interest in j-v (property & business).

J-V Agreement provides for my management control & no liens, leases or transfers w/o 2 signatures (my witten consent), equitable interest equivalent to title interest, specific performance, injunction w/o proof of damages, and survival of J-V Agreement (enforceable against 3rd party interest holders in the event of transfer w/o my consent). The other 50% interest holder & sole member of LLC holding title to property (partner) sold all to 3rd party corp. whose president has admited under oath that he was aware of J-V Agreement, was refused title insurance locally due to lis pendens & pending case and colluded with Partner to execute sale using professionals from outside county; another of his corps purchased another property a year ealier from our same J-V entity where my consent was required & given; I expect to be awarded Constructive Trust & Equitable Lien or Recision of Sale.

How can I research remedies & rights under constructive trusts & recision, case law and relevent precedents?


Asked on 6/21/07, 1:27 pm

3 Answers from Attorneys
Johm Smith tom's

Re: Remedies and rights under constructive trust.

Google or westlaw or lexis if you can get access. This is what attorneys do.

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Answered on 6/21/07, 2:03 pm
Michael Stewart Michael D. Stewart

Re: Remedies and rights under constructive trust.

Seems like it might be a somewhat complex case. You should retain counsel.

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Answered on 6/21/07, 3:10 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Remedies and rights under constructive trust.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Legal research is generally either done in a law library or on a computerized legal research program like Westlaw, Loislaw, Lexis Nexis, etc. This is a complex case and unless you have the requisite knowledge and experience, this is the kind of matter that most people hire an attorney to do. This certainly is not the type of question that can be answered in a forum such as this.

Scott R. Jay, Esq.

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Answered on 6/22/07, 12:51 am


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