In the case of Yergin v. Georgopolos, 217 So. 3d 155 (Fla. 3rd DCA 2017), Richard Yergin took out a life insurance policy on himself thirty-five years ago. Richard named his mother, Mary Georgopolos, as beneficiary. The policy was unknown by either family when Richard died in 1997. The money was unidentified when Richard’s estate was probated and remained unidentified until 2015.
Since the funds were unclaimed for fifteen years, the insurance company turned the forty-one-thousand-dollar annuity to the...
Garcia v. Navy Fed. Credit Union, No. 5D16-1350, 2017 WL 3442759 (5th DCA, 2017) is a consolidated appeal, in which Doncarlos and Anne Garcia appeal the trial court’s final judgement of foreclosure in favor of Navy Federal Credit Union. Additionally, the Garcias appeal the trial court’s denial of their motion to vacate the writ of possession issued to 56 Cottonwood Court Land Trust after the foreclosure sale.
A home equity line of credit agreement was executed by the Garcias in November 2003. The...
In the present case of Deutsche Bank Trust Co. Americas for RALI 2005QA8 v. Maas, No. 2D15-898, 2017 WL 2989016 (2nd DCA. July 14, 2017). Deutsche Bank Trust Company Americas appeals a final order involving dismissing its foreclosure complaint against Becki and Ryan Maas on the grounds that the Bank’s attorney failed to appear at a hearing.
The involuntary dismissal was based on a technical admission resulting from the Bank’s failure to timely respond to requests for admissions. The Bank followed Florida...
In the case of Lerma-Fusco v. Smith, No. 5D16-1878, 2017 WL 2605129 (Fla. 5th DCA 2017), the Personal representative of Franco Fusco’s estate appeals from an order granting Dennis and Tina Smith’s motion to set aside an order striking the Smith’s statement of claim and from an order granting the Smith’s emergency motion for temporary injunction to freeze estate assets.
Franco Fusco died testate in 2014. Lerma-Fusco is the decedents surviving spouse and the sole beneficiary of the decedents will....
In Pearce v. Sandler, No. 3D15-1562, 2017 WL (Fla. 3rd DCA 2017), Edgar B. Pearce III, seeks to reverse the Final Judgment and remand with directions to enter summary judgment in his favor. Appellant Pearce and his father Edgar Pearce, together owned Pearce Financial, a financial investment company. Martin and Patricia Sandler and Joseph and Patricia Conrad had invested money in Pearce Financial in exchange for a promissory note. The Sandler's and Conrad's continued to invest additional money into Pearce Financial; some money invested was generated...
In Ward v. Morlock, No. 5D16-1641, 2017 WL (Fla. 5th DCA 2017), the courts look to determine whether Florida’s dangerous instrumentality law should apply to a case arising out of a motor vehicle accident that occurred in South Carolina where the two parties to the litigation are Florida residents. The facts of the case are, while Appellee, Keith Morlock and his family were on vacation in South Carolina with his brother-in-law, Paul Behrens, and his family, Behrens’ son needed a ride to the airport, and Behrens asked Appellee if he could borrow...
In the case of Yergin v. Georgopolos, No. 3D16-2192, 2017 WL 1277995 (Fla. 3rd DCA 2017), Richard Yergin obtained a life insurance policy on himself 25 years ago and named Richard’s mother, Mary Georgopolos, as the beneficiary. The policy would pay out $41,687.74. Georgopolos and Richard’s family was unaware of the existence of this life insurance policy and the payout amount at the time Yergin’s estate was probated in circuit court. Georgopolos and Richard’s family found out about the policy in 2015, a decade and a half later.
The case of Bivins v. Guardianship of Bivins, No. 4D16-234, 2017 WL 1908386 (Fla. 4th DCA 2017) raises two issues on appeal. First, whether a trial court must enforce a settlement agreement, concerning the assets of an incompetent ward, where the guardian retained some assets to pay guardianship expenses. Secondly, whether upon the death of a ward, a guardian may retain part of deceased ward’s assets to pay for present and future guardianship expenses.
Oliver Bivins, the ward, had a personal guardian...
In Sudman v. O'Brien, No. 2D16-286, 2017 WL 1829479 (Fla. 2nd DCA 2017), Theresa Z. Sudman appealed an order denying her claim to the elective share of her deceased husband’s estate.
Sudman was married to the decedent when he died in 2013. Michael O’Brien, the trustee of the decedent’s trust, filed a petition for administration of the decedent’s estate. Sudman also filed a petition for administration of the decedent’s estate. The court appointed Sudman as personal representative and issued orders...
The case of HSBC Bank USA, N.A. v. Frenkel, 208 So. 3d 156 (Fla. 3rd DCA 2017), is one of combined appeals. Nathan Frenkel, successor trustee of the Max and Margaret Frenkel Revocable Living Trust, appealed a final judgement in favor of HSBC Bank USA, N.A., in which the court granted an equitable lien on the real property owned by the Frenkel Trust. Additionally, HSBC Bank appealed an order awarding attorney’s feed to the Frenkel Trust.
Margaret Frenkel executed a mortgage in July of 2005, encumbering...
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