The appellate team of Tiffany Ann Jones, John M. Frazier, Jr., and Eric Hostetler secured a per curiam affirmation at the Fifth District Court of Appeals on an appeal of a Final Summary Judgment.
This case involved a dispute between an estate and an heir over a bank account with rights of survivorship. The estate brought three claims against the heir: (1) Constructive Trust Because of Breach of Fiduciary Duty, (2) Converting Funds from a Convenience Account, and (3) Conversion. The three ultimate questions were (1) whether terms of an account agreement, as to express right of survivorship, were inapplicable; (2) whether the heir exerted any undue influence over the decedent to secure rights of survivorship to the account; and (3) whether the heir breached any fiduciary duty owed to the decedent in receipt of rights of survivorship to the account. The trial court, in its grant of the summary judgment argued by John M. Frazier, Jr., found there had been no evidence to avoid summary judgment in favor of our client as to all three claims brought by the estate.
The estate filed an appeal with the Fifth District Court of Appeals arguing the trial court erred in finding for the heir.
In our answer brief we presented several key arguments in support of affirming the trial court’s decision:
Ultimately the Fifth District Court of Appeal affirmed the summary judgment of the trial court without further opinion.
If you need to appeal your case in Florida or Federal Court, learn more about our appellate law services and schedule a consultation with one of our experienced appellate attorneys.
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