CopyCited 30 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 11434, 1991 WL 84548
...[3] In September 1982, over 3 months after delivery of the settlement proceeds to the Lanzes, the Probate Court entered an order appointing the Lanzes as guardians, mandating that all liquid assets be placed in a depository designated by the court pursuant to Fla.Stat. § 69.031....
...unds in the account for her own use. She was removed as guardian and a successor guardian was appointed. The Gale court found that, as a matter of law, since the trial court had never ordered the bank to supervise disbursements pursuant to Fla.Stat. § 69.031, the bank was not liable for any misappropriation of the sums by the guardian....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 7200, 2011 WL 1877839
...None of these arguments is persuasive. As to jurisdiction, the orders are reviewable non-final orders under Florida Rule of Appellate Procedure 9.130(a)(3)(B). CMR Distrib., Inc. v. Resolution Trust Corp.,
593 So.2d 593 (Fla. 3d DCA 1992). Regarding the Estate’s second argument, section
69.031(1), Florida Statutes (2010), and the cases cited by the Estate refer to marshaling “part or all of the personal assets of the estate” and to the use of court-approved depositories for such assets....
CopyPublished | Supreme Court of Florida
...The amount of the bond to be given by the guardian is:
12. The guardian:
( ) a. must; or
( ) b. is not required to
place all, or part, of the property of the ward in a restricted account in a financial institution
designated pursuant to section 69.031, Florida Statutes.
13....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Committee notes revised. 2000 Revision: Deletes requirement in subdivision (c) to report social security number of proposed guardian. Statutory References § 69.031, Fla....
CopyPublished | Florida 4th District Court of Appeal
...He alleged that she did not have any other assets in Florida
and planned to move to North Carolina, and he did not want to have to
“chase her down” to collect a judgment if he prevailed on his petition. He
argued that the court could restrict the sale proceeds under either section
69.031(1), Florida Statutes (2021), or section
736.1001(2)(c), Florida
Statutes (2021).
The court granted Dale’s motions and entered an order requiring
Suzanne to deposit the net proceeds from the sale of the Highland Beach
property into a restricted depository....
...3d DCA 1987)
(“[I]n an action at law for money damages, there is simply no judicial
authority for . . . any restraint upon the use of a defendant’s unrestricted
assets prior to the entry of judgment.”) (citations and footnote omitted).
Neither of the statutes which Dale relied on in this case, section
69.031(1)
or section
736.1001(2)(c), provides an exception to support the court’s
restriction on Suzanne’s use of the proceeds from the sale of the Highland
Beach property before a judgment has been entered. 1
The first statute, section
69.031(1), provides that the court may order
the personal property of an “estate in process of administration” to be
placed with a “bank, trust company, or savings and loan association” when
“the size of the bond required of the off...
...n asset
of her individual trust. The property passed to Suzanne in fee simple
absolute upon Dorothy’s death and never became an asset of the family
trust. See BankAtlantic v. Estate of Glatzer,
61 So. 3d 1222, 1223 (Fla. 3d
DCA 2011) (holding that section
69.031(1) did not support an order in a
probate case restricting funds that were not part of the estate).
The second statute, section
736.1001(2)(c), provides that the court may
order a trustee, as a remedy for a breach of trust, to pay money or
otherwise restore the assets of the trust....
CopyPublished | Supreme Court of Florida
...simplified where all assets are on deposit with a designated
financial institution under applicable Florida law.
Rule History
1991 Revision - 2020 Revision [No Change]
2021 Revision: Committee notes revised.
Statutory References
§ 69.031, Fla....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1992 Bankr. LEXIS 884
...fically, Sun Bank improperly permitted the withdrawal of the entire guardianship estate held by it without Court Order authorizing same in violation of the Order dated March 6, 1985 designating Sun Bank as depository pursuant to Florida Statute Sec. 69.031 and in violation of the Acceptance as depository executed by Sun Bank dated January 25, 1985 and filed in this cause on March 6, 1985....
...to be complied with only if the Court so orders. A clear intention to place the fiduciary responsibility for deposited funds upon the designated depository, and to remove it from the guardian, is made explicit by subsections (2) and (3) of Fla.Stat. § 69.031....
...§ 523 (a)(4) provides, in pertinent part: *920 (a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt— (4) for fraud or defalcation while acting in a fiduciary capacity.... .Fla.Stat. § 69.031(1) provides, in pertinent part: (1)When it is expedient in the judgment of any court having jurisdiction of any estate in process of administration by any guardian ......
...designated by the court- All interest, dividends, principal and other debts collected by the financial institution on account thereof shall be held by the financial institution in safekeeping, subject to the instructions of the officer authorized by order of the court directed to the financial institution. . Fla.Stat. § 69.031(2) provides in, pertinent part: (2) ......
...After the receipt for the original assets has been filed by the financial institution, the court shall waive the bond given or to be given or reduce it so that it shall apply only to the estate remaining in the hands of the officer, whichever the court deems proper. . Fla.Stat. § 69.031(3) provides: (3) When the court has ordered any assets of an estate to be placed with a designated financial institution, any person or corporation having possession or control of any of the assets, or owing interest, dividends, princi *921...
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...2000 Revision: Deletes requirement in subdivision (c) to report social security number of proposed guardian. 2003 Revision: Deletes requirement in subdivision (c) to report social security number of minor. Committee notes revised. Statutory References § 69.031, Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 6519
...rve the funds pending determination of the dispute. After a hearing on the receiver’s motion to strike, the court ordered GSW to deposit $222,738.69, the entire amount in dispute, in a court controlled interest bearing account pursuant to section '69.031, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...court's non-final orders granting the beneficiaries' petition to designate a trust company as a depository for estate assets. The P.R. argues that the court erred by granting the petition based upon a local policy without finding "other cause" under section 69.031(1), Florida Statutes (2017)....
...of review. See J.M. v. Gargett ,
101 So.3d 352 , 356 (Fla. 2012). To interpret a statute, this court primarily looks to the plain meaning of the statute, and if the language is clear and unambiguous, then the language controls. See id. According to section
69.031(1) : When it is expedient in the judgment of any court having jurisdiction of any estate in process of administration by any guardian, curator, executor, administrator, trustee, receiver, or other officer, because the size of the bond...
...4th DCA 2000) ) ). Under the statute, there are only two situations in which a court may order a restricted depository be used: (1) when the size of the bond required of the administrator or other officer is burdensome or (2) "for other cause." See § 69.031(1). Trial courts must look at each case carefully to determine whether it falls under one of these two situations. Considering the application of section 69.031(1) to this case, no bond was required; however, the record presented grounds for the trial court to properly find "other cause" requiring a restricted depository....
...he designation of a depository in this case, but admonish the trial court that it may not have a blanket policy requiring restricted depositories in all cases. "Other cause" for a restricted depository must be considered on a case-by-case basis. See § 69.031(1)....
CopyPublished | Florida 4th District Court of Appeal
...court's non-final orders granting the beneficiaries' petition to designate a trust company as a depository for estate assets. The P.R. argues that the court erred by granting the petition based upon a local policy without finding "other cause" under section 69.031(1), Florida Statutes (2017)....
...of review. See J.M. v. Gargett ,
101 So.3d 352 , 356 (Fla. 2012). To interpret a statute, this court primarily looks to the plain meaning of the statute, and if the language is clear and unambiguous, then the language controls. See id. According to section
69.031(1) : When it is expedient in the judgment of any court having jurisdiction of any estate in process of administration by any guardian, curator, executor, administrator, trustee, receiver, or other officer, because the size of the bond...
...4th DCA 2000) ) ). Under the statute, there are only two situations in which a court may order a restricted depository be used: (1) when the size of the bond required of the administrator or other officer is burdensome or (2) "for other cause." See § 69.031(1). Trial courts must look at each case carefully to determine whether it falls under one of these two situations. Considering the application of section 69.031(1) to this case, no bond was required; however, the record presented grounds for the trial court to properly find "other cause" requiring a restricted depository....
...he designation of a depository in this case, but admonish the trial court that it may not have a blanket policy requiring restricted depositories in all cases. "Other cause" for a restricted depository must be considered on a case-by-case basis. See § 69.031(1)....
CopyPublished | District Court of Appeal of Florida
policy without finding “other cause” under section
69.031(1), Florida Statutes (2017). We affirm because
CopyPublished | Supreme Court of Florida
guardianships. Statutory References §
69.031, Fla. Stat. Designated financial institutions
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...*745 2006 Revision: Subdivision (e)(2) amended to conform to requirement in sections 744,362(1) and
744.3675, Florida Statutes, to file initial and annual guardianship plans. Subdivision (e)(3) amended to eliminate requirement of service on ward unless ordered by court or required by statute. Statutory References §
69.031, Fla....
CopyPublished | Supreme Court of Florida
...2020 Revision: Subdivision (c)(6) amended to include reference to section
744.446, Florida Statutes, and subdivision (c)(9) amended to confirm to section
744.334, Florida Statutes, and the list of alternatives to guardianships.
Statutory References
§
69.031, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9573, 1990 WL 205505
...place the money in a custodial, rather than a guardianship, account. However, the incorrect designation of the account has no bearing on the result sub judice. Since the trial court did not order Harbor Federal to supervise disbursements pursuant to section 69.031, Florida Statutes (1989), the money could have been withdrawn even if it had been more appropriately placed in a guardianship account....
