First National Bank in Palm Beach v. Underwood

District Court of Appeal of Florida

First National Bank in Palm Beach v. Underwood

499 So. 2d 60, 12 Fla. L. Weekly 79, 1986 Fla. App. LEXIS 11066

CourtDistrict Court of Appeal of Florida

DecidedDecember 24, 1986

DocketNo. 4-86-0868

StatusPublished

Cited by2 cases

This text of 499 So. 2d 60 (First National Bank in Palm Beach v. Underwood) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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First National Bank in Palm Beach v. Underwood, 499 So. 2d 60, 12 Fla. L. Weekly 79, 1986 Fla. App. LEXIS 11066 (Fla. Ct. App. 1986).

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PER CURIAM.

We are of the opinion that a curator of a decedent’s estate has no standing to bring an action for a declaratory judgment as concerns a contract between a corporation and another simply because the decedent owned the corporation’s stock. The decedent was not a party to the contract and obviously, since the decedent owned a controlling stock interest, the estate can cause the corporation to initiate such action in the corporate name if the estate is so advised. We affirm upon the authority of Fried v. Easton, 293 So.2d 87 (Fla. 3d DCA 1974); Grandin Industries, Inc. v. Florida Nat’l Bank at Orlando, 267 So.2d 26 (Fla. 4th DCA 1972); Talcott v. McDowell, 148 So.2d 36 (Fla. 3d DCA 1962); § 86.041(3), Florida Statutes (1985).

Affirmed.

WALDEN and STONE, JJ., concur. GLICKSTEIN, J., concurs specially with opinion.

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PER CURIAM.

We are of the opinion that a curator of a decedent’s estate has no standing to bring an action for a declaratory judgment as concerns a contract between a corporation and another simply because the decedent owned the corporation’s stock. The decedent was not a party to the contract and obviously, since the decedent owned a controlling stock interest, the estate can cause the corporation to initiate such action in the corporate name if the estate is so advised. We affirm upon the authority of Fried v. Easton, 293 So.2d 87 (Fla. 3d DCA 1974); Grandin Industries, Inc. v. Florida Nat’l Bank at Orlando, 267 So.2d 26 (Fla. 4th DCA 1972); Talcott v. McDowell, 148 So.2d 36 (Fla. 3d DCA 1962); § 86.041(3), Florida Statutes (1985).

Affirmed.

WALDEN and STONE, JJ., concur. GLICKSTEIN, J., concurs specially with opinion.

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499 So. 2d 60, 12 Fla. L. Weekly 79, 1986 Fla. App. LEXIS 11066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-in-palm-beach-v-underwood-fladistctapp-1986.

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