This is my running list of significant Florida trusts-and-estates related appellate opinions for 2018. If you think I’ve missed an important case that deserves wider notice, please let me know. As new decisions are published I’ll add them to the list. The cases listed below are hyper-linked to the court’s original opinion and any commentary I may have written about the case.
- Sampson Farm Limited Partnership v. Parmenter, 238 So.3d 387 (Fla. 3d DCA January 17, 2018) (personal jurisdiction; foreign LP)
- Boren v. Rogers, 243 So.3d 448 (Fla. 5th DCA February 02, 2018) (attorney records; dependent relative revocation case)
- Provident Group–Continuum Properties, L.L.C. v. Crapo, 157 So.3d 409 (Fla. 1st DCA Feb. 3, 2015) (what is a trust?)
- Crapo v. Provident Group-Continuum Properties, L.L.C., — So.3d —-, 2018 WL 771163 (Fla. 1st DCA February 08, 2018)
- DeJesus v. A.M.J.R.K. Corp., — So.3d —-2018 WL 793441 (Fla. 2d DCA February 9, 2018) (corp title = no homestead protection)
- Schlesinger v. Jacob, — So.3d —-, 2018 WL 988292 (Fla. 3d DCA February 21, 2018) (guardianship fee petitions)
- Lindenau v. Lundeen, 2018 WL 1152403 (M.D. Florida March 05, 2018) (long-arm jurisdiction; malpractice claim)
- Crescenzo v. Simpson, — So.3d —-, 2018 WL 1219709 (Fla. 2d DCA March 09, 2018) (caveats; will challenges)
- Tenzer v. Guardianship of Tenzer, 240 So.3d 754 (Fla. 4th DCA March 21, 2018) (interested party; failure to appeal = waiver)
- Dubner v. Ferraro, 242 So.3d 444 (Fla. 4th DCA April 11, 2018) (temporary injunctions in probate)
- Choice Plus, LLC v. Department of Financial Services, — So.3d —- 2018 WL 1801906 (Fla. 1st DCA April 17, 2018) (unclaimed funds; jurisdiction)
- Webb v. Blue, 243 So.3d 1054 (Fla. 1st DCA April 25, 2018) (homestead devise; spousal waiver)
- Schanck v. Gayhart, — So.3d —- 2018 WL 1999841 (Fla. 1st DCA April 30, 2018) (probate jurisdiction; property in Canada)
- Horgan v. Cosden, 249 So.3d 683 (Fla. 2d DCA May 25, 2018) (judicial trust termination)
- Sveen v. Melin, 138 S.Ct. 1815 (US S.Ct June 11, 2018) (retroactive application; post-divorce insurance revocation)
- Mulvey v. Stephens, 250 So.3d 106 (Fla. 4th DCA June 27, 2018) (tortious interference claims)
- Rachins v. Minassian, 251 So.3d 919 (Fla. 4th DCA July 11, 2018) (defining qualified beneficiaries)
- Calderon v. Vazquez, 251 So.3d 303 (Fla. 3d DCA July 11, 2018) (oral trust; insurance proceeds)
- Dixon v. Bellamy, 252 So.3d 349 (Fla. 3d DCA July 25, 2018) (paternity actions; SOL)
- Kowalski v. Rosenbaum, — So.3d —-, 2018 WL 3596009 (Fla. 2d DCA July 27, 2018) (TBE property; separated but married)
- Simon v. Waters, — So.3d —- 2018 WL 3795476 (Fla. 5th DCA August 10, 2018) (attorney’s fees; equitable claim)
- Wallace v. Watkins, — So.3d —- 2018 WL 3946062 (Fla. 5th DCA August 17, 2018) (summary admin; reopening estate)
- Gordon v. Fishman, — So.3d —- 2018 WL 4039135 (Fla. 2d DCA August 24, 2018) (post-divorce will revocation)
- Senopoulos v. Senopoulos, — So.3d —- 2018 WL 4042469 (Fla. 1st DCA August 24, 2018) (appointment of personal representative)
- Cook v. Cook, — So.3d —- 2018 WL 4520379 (Fla. 4th DCA September 20, 2018) (guardianship; failure to examine)
- Lindor v. Florida East Coast Railway, LLC, — So.3d —- 2018 WL 4608774 (Fla. 3d DCA September 26, 2018) (personal representatives; relation back)
- Rittirucksa v. Barrette, — So.3d —- 2018 WL 4935520 (Fla. 5th DCA October 12, 2018) (temporary injunctions in probate)
- Johnson v. Townsend, — So.3d —- 2018 WL 5291297 (Fla. 4th DCA October 24, 2018) (community property; creditor claim)
- Sims v. Barnard, — So.3d —- 2018 WL 5796936 (Fla. 1st DCA November 06, 2018) (re-opening estate; fraudulent concealment)
- Baden v. Baden, — So.3d —-, 2018 WL 5932397 (Fla. 2d DCA November 14, 2018) (voluntary dismissal; retained jurisdiction)
- Rizk v. Rizk, — So.3d —-, 2018 WL 6321228 (Fla. 3d DCA December 4, 2018) (Haitian notarial will; validity)
- Brown v. Poole, 261 So.3d 708 (Fla. 5th DCA December 14, 2018) (insurance proceeds, constructive trust, marital settlement agreement)