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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.