In Spradley v. Spradley, No. 2D15-4850, 2017 WL 913632 ((Fla. 2nd DCA 2017), Indigent prisoner, Glenn Spradley, appeals an Order dismissing his civil action as legally insufficient under Section 57.085(6), Florida Statues (2015). Mr. Spradley’s complaint alleged that the estate of his mother, Ruby Lee Fuller/Waters, and his brothers Derrick and James Spradley, converted his property. Mr. Spradley’s valid claim of action for the tortious conversion should have been granted leave to amend his complaint against his mother’s estate.
The Court in Landrum v. Landrum, No. 1D16-0291, 2017 WL 729772 (Fla. 1st DCA 2017), had to determine what assets were marital before the Court could equitably distribute the marital property. The former husband appeals a final order equitably distributing the parties’ marital assets. The husband argues that the distribution of real property in the order is wrong in several ways.
The first asset to assets was the Pigeon Creek property, which consisted of two contiguous parcels, one was 13 acres...
In Depriest v. Greeson, No. 1D16-0807, 2017 WL 672155 (Fla. 1st DCA 2017), a motorist, who was injured in vehicular accident, brought action against decedent's estate, alleging that estate was vicariously liable for damages that the decedent's adult child allegedly caused while driving the decedent's car.
Decedent and his wife resided with the Decedent’s adult daughter in Milton, Florida. The decedent’s car and keys were kept at his daughter’s house, and she occasionally drove his car with his permission....
In Bryan v. Fernald, No. 2D15-4830, 2017 WL 694578 (Fla. 2nd DCA 2017), Audrey Bryan appealed an order on her petition to determine beneficiaries in the probate proceedings of her deceased mother’s estate.
In 2007, Edward John began probate proceeding of the decedent’s estate. The decedent’s children were not served with any pleadings or orders in the probate case. The probate court entered an order of discharge in March 2009, finding that the estate had been properly distributed and discharged...
In Friedman v. Mercantil Commercebank, N.A., No. 3D15-2352, 2017 WL 621228 ((Fla. 3rd DCA 2017) Richard Friedman appealed an amended final deficiency judgement entered in favor of Mercantile Commerce Bank in the amount of $264,740.56. This foreclosure action was filed against Richard Friedman and his wife Marjan Friedman concerning their property in Miami-Dade County. Pursuant to an agreement that was reached on the day of trial, Mercantile Commerce Bank agreed to accept a deed in lieu of foreclosure. Mercantile Commerce Bank reserved the right to seek...
In Estate of Enemencia de los Santos v. Nat'l Equity Recovery Servs., Inc., No. 3D15-2723, 2017 WL 363138 (Fla. 5th DCA 2017) the Estate of Enemencia de los Santos appeals an order granting National Equity Recovery Services, Inc. (NERS) fees for its trustee services under Florida Statute 45.034.
During the process of a foreclosure action against a condominium unit owned by Enemencia de los Santos, Ms. De los Santos died. Shortly after, a final judgement was entered in favor of the lender and after the...
In United States Sugar Corp., v. Estate of Mullins, No. 4D16-2738, 2017 WL 363141 (Fla. 4th DCA 2017) the petitioner who is a non-party to the estates probate action, seeks a writ of certiorari to quash the probate court’s order. Decedent passed away after an accident on the petitioner’s property. The estate served a subpoena duces tecum on the petitioner in the probate action seeking “all reports, statements, photographs, and any other documents and/or materials relating to your investigation of the….fatal accident…which killed [the decedent].”...
In Steele v. Brown, 197 So. 3d 106 (Fla. 1st DCA 2016) Ernest Steele is the personal representative of his father’s estate. He appealed the trial court’s 2007 order determining the homestead status of property previously owned by his father.
In 2015 Steele’s sister Pansy Brown sought to vacate the 2007 homestead order claiming that it was incorrect and deprived her of an additional 1/15th vested interest in the property. Herman Steele died intestate in 1996, and was survived by his wife and five...
In the case of Gomez v. Fradin, 199 So. 3d 554, 555 (Fla. 4th DCA 2016), no estate had been opened for the deceased, so the appellants, who were Plaintiffs in the trial court, sought to have the trial court appoint a representative for this proceeding.
Florida Rules of Civil Procedure 1.260(a)(1) Provides that “[i]f a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors...
In Nelson v. Nelson, No. 2D15-4585, 2016, (Fla. 2nd DCA 2016), the Former Husband purchased a home in Palm Desert, California and titled it in both his and the Former Wife, Leah W. Nelson, names. The parties later transferred the California home to the Leah W. Nelson Marital Trust, which was an irrevocable trust established by the Former Husband in 2010 to benefit the Former Wife and her descendants. The Former Wife was the sole trustee of the trust. This case arises from the Former Wife's claim that the trial court erred by characterizing...
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