LoCascio v. Sharpe
Florida District Court of Appeal
23 So. 3d 1209 (2009)
- Written by Liz Nakamura, JD
Facts
Silvia LoCascio, decedent, was murdered by her husband, Edward S. LoCascio, and her brother-in-law, Michael LoCascio. Silvia was survived by her only son, Edward J. LoCascio (plaintiff). Silvia died intestate, and the court appointed Leon Sharpe (defendant) as her estate’s personal representative. Following the murder, Edward J. sued Edward S. in both probate court and circuit court, resulting in judgments holding that (1) Florida’s slayer statute barred Edward S. from inheriting property from Silvia, (2) joint tenancies between Edward S. and Silvia were severed and the survivorship provisions voided, (3) a constructive trust was created for all of Silvia’s property that was titled or assigned in Edward S.’s name, and (4) Silvia’s estate was entitled to compensatory and punitive damages. Edward J. appealed, arguing that (a) Silvia’s homestead, held as a joint tenancy by Silvia and Edward S., should pass to him in its entirety as Silvia’s sole heir; and (b) the constructive trust should cover all marital property, not just Silvia’s interest in the marital property.
Rule of Law
Issue
Holding and Reasoning (Salter, J.)
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