In the subject case, Howard v. Howard, 2016 Fla. App. LEXIS 7978 (Fla. 4th DCA, 2016), the father, mother, and brother (collectively “Appellees”) of Katherine Howard (the “ward” and “Appellant”) petitioned the trial court to declare the ward incapacitated and appoint themselves guardian advocates of the ward. Appellees stated in their petition that the ward suffered from spastic quadriplegia (a severe form of cerebral palsy), anxiety, and depression and sought to remove the ward's right to personally apply for government benefits, to have...
In the subject case, MYD Marine Distrib. v. Int'l Paint, Ltd., 2016 Fla. App. LEXIS 5614 (Fla. 4th DCA 2016), a business lawsuit appeal, in which there were allegations of conspiracy, breach of contract, and price fixing, monetary damages as well as nonmonetary damages were sought. The Court noted that section 768.79(1) explicitly applies only to civil actions for damages. Accordingly, an offer of judgment which purports to resolve all claims is invalid if the case includes both monetary and nonmonetary causes of action. Diamond Aircraft Indus.,...
In the subject case, Hall v. Hall, 2016 Fla. App. LEXIS 6352 (Fla. 3d DCA, 2016), the Third DCA began its opinion in jest, stating, “The ‘light most favorable’ is not a reference to a Florida sunrise.” It went on to point out that appellants are obligated to provide a statement of facts and to interpret the evidence in the light most favorable to sustaining the conclusions of fact, citing its longstanding precedent, Turner v. Lorber, 360 So. 2d 101, 104 (Fla. 3d DCA 1978).
In the...
In Richard v. Richard, 2016 Fla. App. LEXIS 6747 (Fla. 3d DCA, 2016), Edward Richard (“Decedent") passed away in 2012. Subsequently, his surviving spouse, Karen, and his son, Joel, filed a petition for testate administration, seeking to be appointed co-personal representatives of the estate. Their petition was granted, the applicable will and codicil were admitted to probate, and the letters of administration were signed. However, one day prior to the court's order appointing them as co-personal representatives, but nearly a month after they...
In Woodward v. Woodward, 2016 Fla. App. LEXIS 6881 (Fla. 4th DCA, 2016), the Fourth DCA found that the trial court erred in granting summary judgment in favor of a trustee on the beneficiary's breach of fiduciary duty claim where neither res judicata nor laches barred the action. The action arose from a new and different breach of fiduciary duty and suit was filed within six months of trust accounting, as required under Section 736.1008(2), Fla. Stat.
In the subject case, Mary Woodward established a trust...
In Giller v. Giller, 2016 Fla. App. LEXIS 6355 (Fla. 3d DCA, 2016), Personal Representatives, Ira and Anita Grossman (“Appellants”), of the estate of Norman Giller (“Decedent”), filed a Complaint for declaratory relief in probate court against Brian Geller et al. (“Appellees”) after learning of six parcels of real property titled in the Decedent’s name as trustee. Appellants noted that the parcels were owned by Decedent in fee simple and that the properties became assets of the estate after his death, thus should have been part of the estate...
Florida Fiduciary Access to Digital Assets Act will affect how personal representatives access digital data in Florida. It was recently passed as Senate Bill No. 494 and will be going into effect July 1, 2016.
As stated on Florida’s Senate website, the new law accomplishes two things. First, it gives fiduciaries the legal authority to manage digital assets and electronic communications in the same way that they manage tangible assets and accounts. It distinguishes between when a fiduciary may access the content...
Florida Fiduciary Access to Digital Assets Act will affect how personal representatives access digital data in Florida. It was recently passed as Senate Bill No. 494 and will be going into effect July 1, 2016.
As stated on Florida’s Senate website, the new law accomplishes two things. First, it gives fiduciaries the legal authority to manage digital assets and electronic communications in the same way that they manage tangible assets and accounts. It distinguishes between when a fiduciary may access the content...
In Vigliani v. Bank of Am., N.A., 2016 Fla. App. LEXIS 3522 (Fla. 2d DCA, 2016), the Second DCA found that the trial court erred in not considering trust articles in their entirety. The children and grandchildren (“Appellants”) were the beneficiaries of the family trust (“Family Trust”) of Mario Vigliani’s, (“Decedent” and “Settlor”). When the lawsuit was filed in the trial court, Maryann Vigliani, wife of Decedent, was a co-trustee along with the Appellee, Bank of America, N.A. Mrs. Vigliani died following the oral argument in the case,...
In Vigliani v. Bank of Am., N.A., 2016 Fla. App. LEXIS 3522 (Fla. 2d DCA, 2016), the Second DCA found that the trial court erred in not considering trust articles in their entirety. The children and grandchildren (“Appellants”) were the beneficiaries of the family trust (“Family Trust”) of Mario Vigliani’s, (“Decedent” and “Settlor”). When the lawsuit was filed in the trial court, Maryann Vigliani, wife of Decedent, was a co-trustee along with the Appellee, Bank of America, N.A. Mrs. Vigliani died following the oral argument in the case,...
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