Linda Skelton is the Appellant who sued Real Estate Solutions Home Sellers, LLC in Skelton v. Real Estate Sols. Home Sellers, LLC, 202 So. 3d 960, 961 (Fla. 5th DCA 2016). Appellant appeals a final summary judgment, in which Appellant’s replevin claims were denied. Appellant claimed that Appellee improperly removed her personal property from the house. The Court found disputes regarding issues of material fact in their respective sworn affidavits regarding the alleged removal of Appellant’s property.
The case Accardi v. Regions Bank, 201 So. 3d 743, 745 (Fla. 4th DCA 2016) begins in 1996 when Appellant obtained a piece of oceanfront property described in the warranty deed as “LOT 16, BLOCK 10 HILLSBORO SHORES SECTION ‘A’.” One year later when Appellant married, he transferred the property to himself and his wife using the same description on the original deed. Overtime, alluvium or deposits of clay, sand and gravel left by flowing water built up new land on the oceanfront side of the property.
In Gomez v. Fradin, 199 So. 3d 554 (Fla. 4th DCA 2016), the plaintiff challenged the trial courts order denying a motion to substitute parties pursuant to Florida Rules of Civil Procedure 1.260(a). Since no estate had been opened for the decedent during the prior breach of fiduciary duty proceeding, appellants sought to have the trial court appoint a representative for the decedent. The trial court ruled that it did not hold the authority to appoint a representative of this type and thus denied the motion. The order denying substitution was a non-final...
In Shelton v. Bank of N.Y. Mellon, No. 2D16-952, 2016 WL 6609686 (Fla. 4th DCA 2016), the 12532 Herons Path Residential Land Trust, also known as the trust agreement, challenges the order confirming the foreclosure sale. Michael Shelton, trustee, was a defendant in the foreclosure action in which judgment was entered into on June 25, 2015. As of September 24, 2013 Shelton was the record title owner of the property. November 10, 2015 the property was sold via public sale. On November 20, 2015 Shelton filed his objection to the sale, which the court...
The issue on appeal in Hilgendorf v. Estate of Coleman, No. 4D15-4870, 2016 WL 15934 (Fla. 4th DCA 2016) was whether “an estate or beneficiary of a revocable trust created by the defendant may compel the trustee to render an accounting of receipts and disbursements made during the life of the decedent, where the trust did not require accountings, the settlor never requested accountings during her lifetime, and there is no show of any breach of fiduciary duty on the part of the trustee.”
In 2000, Thelma...
In Vasallo v. Bean, No. 3D16-1862, 2016 WL 6249157, at *1 (Fla. Dist. Ct. App. Oct. 26, 2016), this action seeks to revoke probate of two wills, one executed in 2012 and another in 2013. Four of the five testator’s children challenge the capacity of their mother when upon review of the testator’s 2013 will they noticed the fifth sibling had influenced their mother to make changes to the will. According to the four children, the changes made by the mother were the product of undue influence and only name the fifth child as the devisee...
In Pers. v. Bank of N.Y. Mellon Trust Co., No. 4D15-3036, 2016 WL 6092105, a (Fla. Dist. Ct. App. Oct. 19, 2016) Shirley Hill Person brought an appeal against The Bank of New York Mellon Trust Company, N.A., as Trustee on behalf of CWABS Asset- Backed Certificates Trust. This appeal follows a bench trial in which the banks foreclosure was litigated for claims of illegal consumer debt collection.
Appellant filed a pro se answer and affirmative defenses but did not assert any counterclaims against...
In the case at bar, Hampton v. Estate of Allen, 198 So.3d 954 (Fla. 5th DCA 2016), Mary Lou Jordan sought specific performance of a real estate sales contract she had pending with the seller, Allen, at the time of his death. Hampton, who was the specific devisee of the real estate contact in question, filed a Motion for Authority to Defend Civil Action. The Trial Court heard the motion and granted it, thus reversing Hampton’s right to petition the court for compensation of any associated attorneys fees and costs based on providing a benefit to the estate....
In the 80’s and 90’s Congress amended the Internal Revenue Code (I.R.C.) to curb widespread abuse of tax loopholes. I.R.C. § 469 states that “taxpayers could not reduce the taxable portion of their true income with investment losses unless they materially participated in the investment”. Congress later went on to define material participation as “regular, continuous, and substantial participation”. In 1993 Congress decided that this definition was too stringent and unfair to a certain class of people. This class of people were real estate professionals...
In response to recent legislature there has been some recent modifications to the Florida Probate Rules as we see in, In re Amendments to Florida Prob. Rules, No. SC16-1454, 2016 WL 4916772 (Fla. Sept. 15, 2016). The Florida Bar’s Probate Rule Committee has proposed these amendments and the Court has adopted the amendments effective upon publication of the case.
“Rules 5.050 (Transfer of Proceedings); 5.560 (Petition for Appointment of Guardian of an Incapacitated Person); 5.646 (Standby Guardians); 5.648...
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