Filed: Nov. 21, 2018
Latest Update: Mar. 03, 2020
Summary: Third District Court of Appeal State of Florida Opinion filed November 21, 2018. Not final until disposition of timely filed motion for rehearing. _ No. 3D18-1117 Lower Tribunal No. 15-27596 _ Lizette Olaechea, etc., Appellant, vs. Grace Olaechea, Appellee. An Appeal from the Circuit Court for Miami-Dade County, John W. Thornton, Jr., Judge. Nancy C. Wear, for appellant. Corona Law Firm, P.A., and Ricardo Corona and Ricardo M. Corona, for appellee. Before EMAS, SCALES and LINDSEY, JJ. PER CURIAM
Summary: Third District Court of Appeal State of Florida Opinion filed November 21, 2018. Not final until disposition of timely filed motion for rehearing. _ No. 3D18-1117 Lower Tribunal No. 15-27596 _ Lizette Olaechea, etc., Appellant, vs. Grace Olaechea, Appellee. An Appeal from the Circuit Court for Miami-Dade County, John W. Thornton, Jr., Judge. Nancy C. Wear, for appellant. Corona Law Firm, P.A., and Ricardo Corona and Ricardo M. Corona, for appellee. Before EMAS, SCALES and LINDSEY, JJ. PER CURIAM...
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Third District Court of Appeal
State of Florida
Opinion filed November 21, 2018.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D18-1117
Lower Tribunal No. 15-27596
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Lizette Olaechea, etc.,
Appellant,
vs.
Grace Olaechea,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, John W.
Thornton, Jr., Judge.
Nancy C. Wear, for appellant.
Corona Law Firm, P.A., and Ricardo Corona and Ricardo M. Corona, for
appellee.
Before EMAS, SCALES and LINDSEY, JJ.
PER CURIAM.
Lizette Olaechea, the defendant below, appeals entry of final judgment in
favor of Grace Olaechea, the plaintiff below, after a bench trial on claims for
conversion, forgery, unjust enrichment, breach of fiduciary duty and a constructive
trust. In the final judgment, the lower court awarded Grace Olaechea $419,750.43,
plus interest, and imposed an equitable lien on the primary residence of Lizette
Olaechea and her husband, Gabor Simmonds. We affirm entry of the final
judgment and imposition of the equitable lien without discussion. See Palm Beach
Sav. & Loan Ass’n v. Fishbein,
619 So. 2d 267, 270-71 (Fla. 1993) (confirming
that an equitable lien may be imposed on homestead property where funds
obtained through fraud were used to purchase the homestead, and even where one
spouse was not a party to the fraud).1
Affirmed.
1 We note that because Mr. Simmonds was neither a party to the proceedings in the
lower court, nor a participant in this appeal, our decision is without prejudice to –
and we express no opinion regarding – any defense Mr. Simmonds might assert to
any subsequent foreclosure proceedings on the subject equitable lien.
2