Florida Probate & Trust Litigation Blog

Florida Probate & Trust Litigation Blog

By Juan C. Antúnez of Stokes McMillan Antúnez P.A.

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Category Archives: Wrongful Death Claims

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Florida’s “Relation Back” Doctrine

Posted in Wrongful Death Claims
THIRD DCA AFFIRMS "RELATION BACK" DOCTRINE ON APPEAL University of Miami v. Wilson, __ So.2d __, 2006 WL 1687685 (Fla. 3d DCA June 21, 2006) The doctrine referred to in the headline for this blog post comes up most often in wrongful-death cases. For whatever reason the plaintiff is unable to be appointed personal representative of … Continue Reading

Forgetting That Wrongful Death Claims Are Litigated Within the Context of Probate Proceedings Can Be a VERY Costly Mistake

Posted in Wrongful Death Claims
Second DCA Reverses Trial Court’s Grant of $410,300 in Attorneys’ Fees Martinez v. Ipox, __ So.2d __ (Fla. 2d DCA April 07, 2006) Probate issues do not, as they say, “drive the train” in wrongful death cases. But, as a matter of Florida law, these cases may ONLY be litigated by personal representatives. Because wrongful … Continue Reading

Court says YES to dismissal of personal injury action based on plaintiff’s failure to file a timely motion to substitute a party defendant within 90 days after a suggestion of death was filed

Posted in Wrongful Death Claims
Martin v. Hacsi, 2005 WL 1842678 (Fla. 5th DCA August 5, 2005) (Trial Court Affirmed) Counsel for the defendant in a personal injury action filed a motion for enforcement of Florida Rule of Civil Procedure 1.260(a) based on the plaintiff’s failure to move to substitute a party defendant within 90 days after a suggestion of … Continue Reading

Wrongful Death Act: Decedent’s Adult Children Have Standing to Object to Wrongful Death Action Settlement Terms and a Right to a Hearing on Their Objections

Posted in Wrongful Death Claims
Brunson v. McKay, 2005 WL 1677939 (Fla. 2d DCA July 20, 2005) (Trial Court Reversed) Polk County Judge Ronald A. Herring was apparently convinced that the decedent’s adult children had a negligible interest, if any, in a $450,000 wrongful death action settled by the decedent’s surviving spouse (who was also the sole personal representative of … Continue Reading

Establishment of legal guardianship not required to enforce minor’s pre-injury arbitration agreement

Posted in Wrongful Death Claims
Global Travel Marketing, Inc. v. Shea, 2005 WL 1576244, 30 Fla. L. Weekly S511 (Fla. July 7, 2005) (Fourth DCA Reversed) In a case that is sure to be of interest to personal injury attorneys (and the probate/guardianship attorneys they work with), the Florida Supreme Court reversed the Fourth DCA and held that an arbitration … Continue Reading

Court says NO to holding personal representative personally liable for attorney’s fees and costs in unsuccessful wrongful death lawsuit

Posted in Wrongful Death Claims
Beseau v. Bhalani, 2005 WL 1488584 (Fla. 5th DCA June 24, 2005) (Trial Court Reversed) In the underlying wrongful death suit, the defendants prevailed after a jury trial. They then obtained an order awarding attorney’s fees and costs against the personal representative of the decedent’s estate . . . in her individual capacity. Apparently Volusia … Continue Reading