Shuck v. Bank of America, N.A.
Florida District Court of Appeal
862 So. 2d 20 (2003)
- Written by Liz Nakamura, JD
Facts
After David Shuck’s death, Bank of America, N.A. (BOA) (defendant) was appointed as the personal representative of his estate and as the successor trustee of David’s revocable trust. David’s widow, Lorraine Shuck (plaintiff), timely filed a claim against David’s estate. BOA rejected Lorraine’s estate claim. Lorraine sued BOA in its capacity as personal representative and successor trustee, seeking enforcement of claims against both David’s estate and against David’s revocable trust. BOA moved to dismiss Lorraine’s claim against David’s revocable trust, arguing that it was premature because Lorraine’s claim against the revocable trust was contingent on Lorraine proving her claim against David’s estate. The trial court dismissed Lorraine’s claim against BOA as successor trustee of David’s revocable trust with prejudice. Lorraine appealed, arguing that a dismissal with prejudice would prevent her from enforcing her claim against David’s revocable trust even if her claim ripened in the future.
Rule of Law
Issue
Holding and Reasoning (Wallace, J.)
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