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Florida Accounting Law
 
Harvey Jay Weinberg and Kenneth Alan Weinberg v. Betty Weinberg

Beneficiaries of a trust appeal an order denying their request to enforce a $500 per diem contempt fine against a trustee for her non-compliance with multiple court orders. They argue the trial court erred in not enforcing the original contempt order, the trustee waived any defect in the original contempt order by not taking an appeal, and that the trial court erred in finding it did not have the ... More...   $0 (05-07-2014 - FL)

Robert Blechman v. Katherine Dely

Appellant appeals the trial court’s order finding him in contempt and removing him as personal representative of the Estate of Bertram Blechman. We find that the trial court violated appellant’s due process rights by finding him in indirect criminal contempt without complying with the procedures outlined in Florida Rule of Criminal Procedure 3.840 and by removing him as personal representative... More...   $0 (05-14-2014 - FL)

Louisa Tumelaire v. Naples Estate Homeowners Association, Inc.

Louisa Tumelaire has filed a petition for writ of certiorari seeking review of a nonfinal circuit court order addressing various discovery issues. We grant the petition in part and deny it in part.

Tumelaire is a resident of Naples Estates, a mobile home park, and a member of the Naples Estates Homeowner's Association, Inc. (HOA). In the underlying action, she filed a complaint against the ... More...
   $0 (05-07-2014 - FL)

Marcia L. Weiser v. Sandy Weiser

Appellant Marcia Weiser appeals a non-final order of the trial court granting in part Appellee Lawrence Taube’s Amended Motion to Ratify Distributions and Other Relief, which required Appellant to return $15,200 to the guardianship of her mother. For reasons stated below, we affirm.

Lawrence Taube was the former plenary guardian of Appellant’s mother before Appellant and her brother, ... More...
   $0 (04-09-2014 - FL)

The Estate of Idelle Stern v. Oppenheimer Trust Company

The appellants challenge the trial court’s order dismissing the portions of their counterclaim against Oppenheimer Trust Company (“Oppenheimer”) relating to the Stern Charitable Remainder Unitrust (“CRUT”) due to a forum selection clause in an agency investment agreement governing that trust. We agree that the agency agreement is the sole document governing the relationship and duties be... More...   $0 (03-19-2014 - FL)

Scherry D. Jenkins v. Plaza 3000, Inc.

Appellant, Scherry Jenkins, appeals and appellee, Plaza 3000, Inc., cross-appeals a final judgment entered for Plaza. Plaza sought a judgment and to foreclose a lien for unpaid maintenance assessments. Appellant had counterclaimed against Plaza alleging multiple causes of action, which counterclaim was dismissed by the trial court for failure to state a cause of action. Attorney’s fees were als... More...   $0 (02-12-2014 - FL)

Robert Dingle and Janet L. Dingle v. Jacqueline C. Dellinger

Robert and Janet Dingle appeal the dismissal with prejudice of their legal malpractice claims against attorney Jacqueline Dellinger and the Millhorn Law Firm, L.L.C. We affirm in part, reverse in part, and remand.

2

This suit arose out of the alleged failure of Dellinger to properly draft documents gifting property to the Dingles. According to the Dingles’ third amended complaint, ... More...
   $0 (02-07-2014 - FL)

Portofino Professional Center, Inc. v. Prime Homes at Portofino

Portofino Professional Center Condominium Association, Inc. (“the Association”) challenges an order granting a motion to strike its untimely filed amended complaint and an order denying its motion for an enlargement of time to file that complaint. Because the practical effect of these two orders is to dismiss appellant’s complaint with prejudice, and because the trial court entered the order... More...   $0 (02-05-2014 - FL)

The Leila Corporation of St. Pete v. Fareed Ossi

The Appellants, the Leila Corporation of St. Pete; Susan J. Agia, individually and as trustee of the Susan J. Agia Living Trust; and Dr. Raymond Agia, appeal a final judgment, which the Appellees, Fareed Ossi; Ossi Consulting Engineering, Inc.; and Ossi Construction, Inc., also appeal. The trial court entered a final judgment on numerous claims and counterclaims. It denied relief to all parties se... More...   $0 (01-17-2014 - FL)

Marshall R. Cassedy, Jr. v. Alland Investments Corporation

Appellant, Marshall R. Cassedy, Jr., challenges a final order denying him damages in an action for accounting. We determine the final order appears to have applied the wrong burden of proof for determining the legitimacy of certain expenditures made by appellees. This error is particularly apparent in light of the lack of any evidence to demonstrate that many of the contested expenditures were mad... More...   $0 (01-03-2014 - FL)

Buford Cody v. David Cody

Buford Cody appeals the final order of the probate court which determined the boundaries of particular portions of real property to individuals, when no such specifics were contained in the will of Earler T. Martin, Jr. Also before this Court for review is the previous order of the probate court, entitled “Order Construing

2

Will,” which was not an appealable final order upon its... More...
   $0 (11-26-2013 - FL)

Matthew Rocca v. Victor Rones

This petition for writ of certiorari comes to us after the trial court ordered the deposition of a non-testifying expert witness and also issued an order requiring the petitioner to show cause why he should not be sanctioned for instructing the same expert witness to refuse to answer deposition questions at a prior ordered deposition. We agree that the trial court’s rulings depart from essential... More...   $0 (11-13-2013 - FL)

Granada Lake Villas Condominium Association, Inc. v. Metro-Dade Investments Co., et al.

Granada Lakes Villas Condominium Association (“Granada”) argues that the Second District Court of Appeal in Metro-Dade Investments, Co. v. Granada Lakes Villas Condominium, Inc., 74 So. 3d 593 (Fla. 2d DCA 2011), erred because sections 617.1432, 718.117, and 718.1124, Florida Statutes (2010), restrict a trial court’s inherent, equitable authority to appoint a receiver in an action involving ... More...   $0 (10-31-2013 - FL)

Arthur F. McCormick v. Gail C. Cox

The trustee, his son, and their law firm appeal an adverse final judgment against them in an action brought by the beneficiaries of family trusts. After an eight-day trial, the probate division of the circuit court: removed the trustee, finding that he had breached his fiduciary duties to the beneficiaries; found that the trustee and his son also acted in a dual capacity as attorneys for the trust... More...   $0 (08-23-2013 - FL)

William H. Chastain v. Dewey J. Chastain

This appeal and cross-appeal challenge the attorney’s fees awarded to the parties following a lawsuit filed by Appellants/Cross-Appellees against

2

Appellees/Cross-Appellants. Both sides raise several issues in this proceeding, only three of which merit discussion. For the reasons that follow, we reverse both awards and remand for further proceedings.

Appellant/Cross-Appelle... More...
   $0 (08-23-2013 - FL)

Norma Toussaint v. Henry Toussaint

In the case under review, we are required to interpret the provisions of a marital settlement agreement (MSA) which apportioned the military retirement benefits of Henry Toussaint, the former husband, appellee. Norma Toussaint, the former wife, appeals a final order interpreting the subject provision of the MSA, described by the trial court as unambiguous, to limit the portion of the military reti... More...   $0 (01-24-2013 - FL)

Daniel Delmonico v. Tony Crespo

Daniel Delmonico appeals a final order awarding attorney’s fees and costs to Donovan Marine, Inc. (“DMI”). DMI cross-appeals. Of the issues raised on appeal and cross-appeal, we find that two have merit. We find that the trial court abused its discretion in failing to make specific findings as to the number of hours reasonably expended and in awarding nontaxable costs as a sanction under sec... More...   $0 (12-10-2012 - FL)

Tamara Swan v. Matthias Trost

Tamara Swan is the niece and guardian of the ward, Erich Trost. She is also the trustee of the Erich Trost Trust. Ms. Swan seeks certiorari review of the trial court's nonfinal order compelling production of corporate, Trust, and financial documents to Matthias Trost, the ward's estranged son. We have jurisdiction. See Fla. R. App. P. 9.030(b)(2)(A). We grant the petition for writ of certiorari an... More...   $0 (11-12-2012 - FL)

Blue Star Palms, LLC v. LED Trust, LLC

The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Star”), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an... More...   $0 (10-24-2012 - FL)

Miami Children's Hospital Foundation, Inc. v. Estate of Elaine B. Hillman

Miami Children’s Hospital Foundation, Inc. (MCHF), appeals a trial court’s order finding Miami Care Foundation, Inc. (Miami Care), to be the intended beneficiary of a pourover trust from the Estate of Elaine B. Hillman. At issue in this case is whether the trial court erred in concluding that there was an ambiguity in the trust document in order to conclude that Miami Care should be the benefi... More...   $0 (10-10-2012 - FL)

Harris Schwartzberg v. Kim K. Knoblock

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est... More...   $0 (09-07-2012 - FL)

Rosa LaRue v. Kalex Construction and Development, Inc.

The issue we must resolve in this appeal is whether full performance of an alleged oral employment agreement, which was incapable of performance within one year, is barred by the statute of frauds. Because we conclude that it is barred, we affirm the trial court’s order granting summary judgment and entering final judgment in favor of Kalex Construction and Development, Inc. (“Kalex”).
More...
   $0 (08-23-2012 - FL)

Edward Harris Kountze v. Charles Denman Kountze

Edward Harris Kountze, Individually and as the Trustee of the Denman Kountze, Jr., Revocable Trust (Trustee), challenges an order of the trial court entered in Charles Kountze's breach of fiduciary duty suit against Edward, as Trustee of their deceased father's trust. Specifically, Edward challenges only the portions of the trial court's order removing him as Trustee and requiring him to transfer ... More...   $0 (08-01-2012 - FL)

Jeffrey H. Atwater v. Frederick W. Kortum

This case concerns a statutory regulation affecting public insurance adjusters, who are authorized to assist insureds and thirty-party claimants in the filing and settlement of insurance claims. We have on appeal Kortum v. Sink, 54 So. 3d 1012 (Fla. 1st DCA 2010), in which the First District Court of Appeal declared invalid section 626.854(6), Florida Statutes (2008), a provision regulating solici... More...   $0 (07-05-2012 - FL)

Diane Mathes v. Mark Mathes

This is an appeal from the final judgment in a bifurcated divorce proceeding. In a partial final judgment entered prior to the final judgment that is challenged in this appeal, the trial court dissolved the marriage of Diane and Mark Mathes. We reverse the final judgment.

Diane and Mark Mathes not only were husband and wife, but they were also the owners, officers, and employees of a Florid... More...
   $0 (06-15-2012 - FL)

Harris Schwartzberg v. Kim K. Knoblock

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est... More...   $0 (05-16-2012 - FL)

Andrew S. Taplin v. Martin W. Taplin

This is an appeal by a trust beneficiary from an order and final judgment dismissing his second amended complaint, which sought an accounting, breach of trust, removal of trustees, and surcharge, with prejudice, on the ground the claims are time-barred as a matter of law on the face of the complaint. We reverse the order and final judgment and remand for reinstatement of the second amended complai... More...   $0 (05-09-2012 - FL)

RAymond Kondler v. Jeffrey Bottner

A dispute over who pays attorney’s fees brings this case to the court. The trustee appeals an order that required him to account for a reserve fund and expenses paid from that fund. He argues that the order disallowed the payment of attorney’s fees and other expenses incurred in the administration of the trust from the reserve before distribution of the remainder to the beneficiaries. We find ... More...   $0 (05-02-2012 - FL)

Norma R. Brion v. Phillip Morris Companies, Inc.

Norma R. Broin, et al. (flight attendants) petition for certiorari review of an order disqualifying their attorneys in this case. We quash the trial court order because it departs from the essential requirements of law.

This appeal arises from a 1991 class action brought by numerous flight attendants against several tobacco companies. See Ramos v. Philip Morris Cos., 743 So. 2d 24 (Fla. 3d ... More...
   $0 (03-21-2012 - FL)

Alan Schein v. Ernst & Young, L.L.P.

Appellants appeal from a judgment in their favor, and appellee cross appeals.

We affirm all issues raised without discussion, with the exception of one issue raised on direct appeal, which we reverse. The issue we discuss is whether Illinois’s audit interference doctrine, which permits evidence of a client’s negligence only where the client interferes with an auditor’s services, shoul... More...
   $0 (01-11-2012 - FL)

Mercedes R. Saewitz v. Lynn Saewitz

This is an appeal by Mercedes R. Saewitz and Brooke A. Saewitz, daughters of Max Saewitz, deceased, from a directed verdict and final judgment of dismissal at the close of the daughters’ case-in-chief in a lawsuit filed by them against their stepmother, Lynn Saewitz, for conversion and tortious interference with an expected inheritance. The trial judge dismissed the case for failure of the daugh... More...   $0 (01-04-2012 - FL)

Marjorie Rosenkrantz v. James E. Feit

Marjorie Rosenkrantz appeals from an order dismissing her complaint for failure to state a cause of action. Because Rosenkrantz’s complaint states a claim for declaratory relief, we reverse.

Gertrude Feit executed a Durable Power of Attorney when she began having memory loss. Gertrude named her daughter, Rosenkrantz, and her son, James Feit, as attorneys-in-fact to oversee her financial a... More...
   $0 (12-14-2011 - FL)

Elizabeth Marshall-Beasley v. James W. Beasley, Jr.

Elizabeth Marshall-Beasley (“Former Wife”) appeals the final judgment dissolving her marriage to James W. Beasley, Jr., (“Former Husband”) following trial as to equitable distribution and bridge-the-gap alimony. Specifically, she challenges six decisions by the trial court: (1) the award of the marital home to her, (2) the amount of employment income imputed to her, (3) the award of bridge... More...   $0 (12-07-2011 - FL)

Doris Rich Corya v. Roy Sanders

Appellant challenges a final summary judgment in which the trial court ordered appellant to file accountings for various trusts of which appellant was trustee. Because there are disputed issues of material fact as well as the fact that the appellee, as moving party, failed to negate appellant’s affirmative defenses, we reverse.

Appellee, Roy Sanders, is a beneficiary of several trusts tha... More...
   $0 (12-07-2011 - FL)

Metro-Dade Investments, Co. v. Granada Lake Villas Condominium, Inc.

Metro-Dade Investments, Co. (Metro-Dade), and Santa Barbara Landings Property Owner's Association, Inc. (Santa Barbara), appeal a nonfinal order denying the appointment of a receiver. Because the trial court erred as a matter of law by concluding that it did not have the authority to appoint a receiver in this case, we reverse and remand for further proceedings.

I. The Factual and Procedura... More...
   $0 (11-23-2011 - FL)

Dennis Ratiff v. Jacksonville University

Dennis Ratiff sued Jacksonville University on a wrongful termination theory claiming that he was fired from his job with the University after sending an e-mail that was critical of the Dean of the College of Business, Dan Duggar. Ratiff was a tenured accounting professor at the University before he was fired in May of 2009.... More...   $500000 (11-19-2011 - FL)

Luis Carlos Josendis v. Wall To Wall Residence Repairs, Inc.

This is a Fair Labor Standards Act case. Luis Carlos Josendis sued his former employer, Wall to Wall Residence Repairs, Inc.,1 for unpaid overtime and back wages pursuant to the Fair Labor Standards Act of 1938 (the “FLSA”),2 its implementing regulations, and Florida law for unpaid overtime and back wages. Wall to Wall moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure ... More...   $0 (11-17-2011 - FL)

Richard S. Lehman v. Hilda Piza Lucom

Appellant, Richard Lehman, appeals the trial court’s final judgment denying discharge, denying personal representative’s fee, granting surcharge, voiding transactions, and granting objections to the final accounting; and the order denying motion for rehearing and new trial and motion to alter or amend judgment and cancelling hearing. We affirm the trial court’s final judgment because there w... More...   $0 (10-26-2011 - FL)

Dimitrios Georgos Kavouras, a/k/a Dimitri Kavoura v. Mario City Restaurant Corportion

Dimitrios Georgos Kavouras a/k/a Dimitri Kavoura seeks certiorari review of an order severing equitable and legal claims and setting a bench trial followed by a jury trial in a minority shareholder’s suit for breach of fiduciary duties. We grant the petition because the order departs from the essential requirements of law, leaving the petitioner with no remedy on appeal.

Dilig M. Jagasia,... More...
   $0 (10-14-2011 - FL)

Silverio Antonio Gonzalez Plaza v. Maria Gabriela Gonzalez Plaza

The issues on appeal arise from a conflict between a father and his son— Silverio Gonzalez Plaza (father) and Silverio Antonio Gonzalez Plaza (son). Son and other defendants appeal from a non-final order appointing a receiver and enjoining son and other defendants from allegedly fraudulently disposing of money father claims is his. The funds at issue were transferred to Tecno-FL, a subsidiary co... More...   $0 (09-07-2011 - FL)

 
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