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Daisy RICHARDS, as Personal Representative of the Estate of James E. Hurd, Jr., Deceased, Appellant, v. James E. RISH, Appellee.

District Court of Appeal of Florida, First District2018-05-31No. No. 1D17–3013
249 So. 3d 692

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Opinion

majority opinion

Per Curiam.

Appellant appeals a Final Judgment entered in Appellees favor on several claims, including unjust enrichment, arising from an unenforceable oral contract for the sale of real property. We agree with Appellant that the trial courts determination that equity did not compel repayment of funds paid to Appellee is unsupported by the evidence. See Golden v. Woodward , 15 So.3d 664, 670 (Fla. 1st DCA 2009) (noting that an unjust enrichment action exists to prevent the wrongful retention of a benefit, or the retention of money or property of another, in violation of good conscience and fundamental principles of justice or equity (citation omitted) ); see also Cole Taylor Bank v. Shannon , 772 So.2d 546, 551 (Fla. 1st DCA 2000) (applying the competent, substantial evidence standard of review in reviewing a trial courts ruling in favor of a defendant in an unjust enrichment action). We, therefore, reverse the Final Judgment on the issue of unjust enrichment and remand with directions that the trial court enter judgment in Appellants favor on that claim.

REVERSED and REMANDED with directions.

B.L. Thomas, C.J., and Lewis and Makar, JJ., concur.