INSTRUMENT# 2014065316 OR BOOK 4489/P AGE 2469 PAGE 3 of 5
Therefore, as a result ofthe foregoing, it is hereby ORDERED AND ADJUDGED that:
That this Court has proper jurisdiction o f these matters and the parties to this action.
The equities are with the Plaintiff and against the Defendants and there exists no
adequate legal remedy.
3. As to Count II (Unjust Enrichment) and Count III (Fraud and Intentional Misrepresentation), the Court hereby grants Partial Final Judgment as to liability, in favor of the Plaintiff and against the Defendants, William Boylan and Alfresco Acquisitions LLC.
4. The Plai~tiffs' Motion for Summary Judgment as to Count IV (Constructive Trust) is hereby granted. The Defendants would be unjustly enriched if allowed to retain the title to-the Property and, therefore, the Plaintiff has shown by clear and convincing evidence that they are entitled to the imposition o f a constructive trust upon the Property.
5. .A constructive trust is hereby imposed in favor of the Plaintiffs upon the real property· more particularly described as:
Lot 383, Bella Collina, according to the map or plat thereof as recorded in Plat Book 51, Page 31, Public Records of Lake County, Florida
("Property"). For which let execution immediately issue.
6. The constructive trust upon the Property imposed herein by this Court, relates back to the date of conveyance of the Property to the Defendant, ALFRESCO ACQUISITIONS, LLC, to wit: September 23, 2011. The relation back to the date of the conveyance shall occur due to the specific circumstances of the matter, in addition to factual findings of the Court, including without limitation:
(a) the overwhelming portion ofthe purchase price was paid by the Plaintiffs;
(b) the Plaintiff has been deprived of the benefit of ownership of the Property since the conveyance to Alfresco Acquisitions, LLC; and
(c) there are expenses on the Property which have not been paid since Alfresco Acquisitions, LLC.took title to the Property and the Plaintiffs will be presumably be responsible for upon receiving title to the Property, by virtue ofthis Partial Final Judgment.
7. (a) As a result of the imposition of the constructive trust, JORDAN RUPERT and MYRA RUPERT, husband and wife, are hereby declare_d as the fee simple owners and title holders of the Property effective, retroaetively, as of September 23, 2011, free and clear of any right, title,