8-K

                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                        ---------------------------------

                                    FORM 8-K

                                 CURRENT REPORT
                     PURSUANT TO SECTION 13 OR 15 (D) OF THE
                         SECURITIES EXCHANGE ACT OF 1934


       Date of Report (Date of earliest event reported): December 4, 2003


             FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS
             (Exact name of registrant as specified in its charter)

                                      Ohio
                 (State or Other Jurisdiction of Incorporation)

        001-06249                                        34-6513657
(Commission File Number)                    (I.R.S. Employer Identification No.)

                                 125 Park Avenue
                               New York, NY 10017
         (Address of principal executive offices, including ZIP code)

                                (212) 949-1373
             (Registrant's telephone number, including area code)

                                 Not Applicable
        (Former name or former address, if changed since last report)

ITEM 5.  OTHER EVENTS AND REQUIRED FD DISCLOSURE


The Registrant announced that it received a favorable decision from the
California Court of Appeal, Third Appellate District, in Paterno et al. v. State
of California, a class action composed of numerous businesses and individuals as
parties plaintiff, including the Registrant on Wednesday, November 26, 2003.

ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL STATEMENTS, AND EXHIBITS

      99.1  Press Release, dated December 4, 2003, issued by First Union Real
            Estate Equity and Mortgage Investments.

                                   SIGNATURES

      Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.

Date:  December 4, 2003


                                    FIRST UNION REAL ESTATE EQUITY
                                    AND MORTGAGE INVESTMENTS



                                    By: /s/ Neil H. Koenig
                                        -----------------------------------
                                    Name:  Neil H. Koenig
                                    Title: Interim Chief Financial Officer

                                  EXHIBIT LIST



Exhibit                                 Description
   No.                                  -----------
- -------
       
99.1      Press Release, dated December 4, 2003, issued by First Union Real
          Estate Equity and Mortgage Investments.

EX-99.1

                                                           Exhibit 99.1



FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS

AT THE COMPANY
Neil H. Koenig
Interim Chief Financial Officer
(212) 949-1373

             FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS
            ANNOUNCES FAVORABLE APPELLATE COURT RULING IN DAMAGE CASE

FOR IMMEDIATE RELEASE - December 4, 2003 - First Union Real Estate Equity and
Mortgage Investments (NYSE:FUR) announced that it has received a favorable
decision from the California Court of Appeal, Third Appellate District, in
Paterno et al. v. State of California, a class action composed of numerous
businesses and individuals as parties plaintiff, including First Union. First
Union noted that it first learned of the unexpected ruling after the close of
business on Wednesday, November 26, 2003.

As a plaintiff in this case, First Union has pursued legal action against the
State of California associated with the 1986 flood of Sutter Buttes Center,
formerly Peach Tree Center, a property owned at the time by First Union. In
September 1991, the court ruled in favor of the plaintiffs on the liability
portion of the inverse condemnation suit, which the State of California
appealed. In the third quarter of 1999, the 1991 ruling in favor of First Union
and the other plaintiffs was reversed by the State of California Court of
Appeal, which remanded the case to the trial court for further proceedings.
After the remand, the retrial of the litigation commenced in February 2001 and
was completed in July 2001. In November 2001, the trial court issued a decision
that generally held in favor of the State of California.

The Plaintiffs appealed the ruling of the trial court to the California Court of
Appeal. On November 26, 2003, the Court of Appeal issued its decision reversing
the decision of the trial court. The appellate court held that the State was
liable for the damages caused by the failure of the levee and remanded the case
to the trial court for a determination of the plaintiffs' damages and for an
award of attorney's fees and costs. First Union understands that the State
intends to pursue an appeal to the California Supreme Court, but cannot predict
whether that court will accept such an appeal and, if accepted, what the outcome
of the appeal will be.

First Union has been informed by the consulting firm it previously retained to
evaluate its claims that the amount of its potential damage claims is in the
order of magnitude of $33 million, potentially subject to adjustment due to the
subrogation rights of First Union's insurance carrier,

plus attorney's fees and compounded market-rate interest from 1986, the time
that the damage occurred; however, First Union is unable to predict at this time
what amount, if any, it will recover of its damage claims in or as a result of
this legal proceeding.

                             -----------------------

Certain statements contained in this press release that are forward-looking are
based on current expectations that are subject to a number of uncertainties and
risks, and actual results may differ materially. The uncertainties and risks
include, but are not limited to, the risk that adverse judicial rulings or other
negative events shall affect the ultimate outcome of this litigation, resulting
in little or no recovery to First Union with respect to its potential damage
claims. Further information about these matters and the risks generally with
respect to First Union can be found in First Union's Annual Report on Form 10-K
and Quarterly Reports on Form 10-Q filed with the Securities and Exchange
Commission.

First Union Real Estate Equity and Mortgage Investments is a NYSE-listed real
estate investment trust (REIT) headquartered in New York, New York.