Stern v. Morris

Edward A. STERN, as Personal Representative of the Estate of Milton Stein v. Norman MORRIS

Stern v. Morris, 380 So. 2d 1048 (Fla. Dist. Ct. App. 1980)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: April 15, 1980
Docket: No. 79-1456
Judges: Hubbart, Nesbitt, Schwartz
Citations: 380 So. 2d 10481980 Fla. App. LEXIS 23697

Cited by 3 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

The final order under review, which grants a petition to set aside trust funds held by an estate and pay a final cost judgment therefrom, is affirmed upon a holding that (a) the appellant’s decedent held upon his death certain cash funds, as a trustee under Section 607.301, Florida Statutes (1979), for the payment of the subsequently rendered cost judgment herein, and (b) the subject cash funds, which the estate herein admittedly still holds, were sufficiently identifiable so as not to constitute a part of the said estate and to authorize the imposition of a trust on such funds without the creditor being required to comply with Section 733.702(1)(a), Florida Statutes (1979). Hodges v. Logan, 82 So.2d 885 (Fla.1955); see Sewell v. Sewell Properties, Inc., 159 Fla. 570 , 30 So.2d 361, 362 (1947); Wilkins v. Wilkins, 144 Fla. 590 , 198 So. 335, 336-37 (1940); First State Trust and Savings Bank v. Therrell, 103 Fla. 1136 , 138 So. 733, 739 (1932); Campbell v. Pace, 369 So.2d 413 (Fla.3d DCA 1979).

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(recognizing that decedent had held certain cash funds as a trustee in accordance with section 607.301, Florida Statutes (1979), designating the directors of a dissolved corporation as trustees of the corporate assets)

Scott v. Reyes, 913 So. 2d 13 (Fla. Dist. Ct. App. 2005)

Cited by 3 cases

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Relies on it most ⓘ

Adams v. Jankouskas452 A.2d 148 (Del. 1982)
In re Estate of Peterson433 So. 2d 1358 (Fla. Dist. Ct. App. 1983)
Scott v. Reyes913 So. 2d 13 (Fla. Dist. Ct. App. 2005)

Most recent

Scott v. Reyes913 So. 2d 13 (Fla. Dist. Ct. App. 2005)
In re Estate of Peterson433 So. 2d 1358 (Fla. Dist. Ct. App. 1983)
Adams v. Jankouskas452 A.2d 148 (Del. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Sewell v. Sewell Props., Inc., 30 So. 2d 361 (Fla. 1947)	14
	Wilkins v. Wilkins, 198 So. 335 (Fla. 1940)	13
	Hodges v. Logan, 82 So. 2d 885 (Fla. 1955)	22
	First State Trust & Sav. Bank v. Therrell, 138 So. 733 (Fla. 1932)	8
	Campbell v. Pace, 369 So. 2d 413 (Fla. Dist. Ct. App. 1979)	6

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