Stern v. Morris

District Court of Appeal of Florida

Stern v. Morris

380 So. 2d 1048, 1980 Fla. App. LEXIS 23697

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1980

DocketNo. 79-1456

StatusPublished

Cited by3 cases

This text of 380 So. 2d 1048 (Stern v. Morris) 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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Stern v. Morris, 380 So. 2d 1048, 1980 Fla. App. LEXIS 23697 (Fla. Ct. App. 1980).

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Opinion

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).

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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).

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380 So. 2d 1048, 1980 Fla. App. LEXIS 23697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stern-v-morris-fladistctapp-1980.

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