· 5/28/1981
Circle Finance Co. v. Peacock
Citations
- 399 So. 2d 81
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- court should look to substance, not title, of pleading to determine relief sought
- court should look to substance, not title, of pleading to determine relief sought
- since every complaint prays for general relief, trial court is not bound by the specific prayer for relief; rather, it must look to facts alleged, issues, and proof to determine specific nature of relief to be granted
- noting “equitable remedy” for unjust enrichment is constructive trust
- “Unjust enrichment is characterized as the effect of a failure to make restitution for property received by one under such circumstances as to give rise to a legal or equitable obligation, thereby requiring such person to account for his retention of the property.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ervin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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