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Dinkins v. Dinkins
Florida District Court of Appeal
120 So. 3d 601 (2013)
- Written by Liz Nakamura, JD
Facts
Mr. Dinkins died, leaving an estate in excess of $24 million. Pursuant to the terms of a trust established by Mr. Dinkins, his wife, Jeanette Dinkins (plaintiff), would receive $5 million in exchange for waiving her statutory elective share. Jeanette challenged the validity of that trust provision, arguing it amounted to a penalty clause. The trial court ruled that the trust provision was not an invalid penalty clause. Jeanette appealed.
Rule of Law
Issue
Holding and Reasoning (Palmer, J.)
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