CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2727526
...3d DCA 1992), and only the joint personal representatives "have the statutory authority to settle [the] wrongful death action." Thompson,
825 So.2d at 949; Pearson v. DeLamerens,
656 So.2d 217, 220 (Fla. 3d DCA 1995) ("personal representative is responsible for the conduct of the litigation"). See also §
733.615, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304
...evoking probate of a will he had in good faith offered for probate. The basis of the order was undue influence of someone other than appellant. The appeal in Pearce v. Foster,
454 So.2d 721 (Fla. 4th DCA 1984), ended ultimately in dismissal, because section
733.615, Florida Statutes (1983), requires concurrence of all personal representatives for such an action....
...previously charged to the estate. This appeal followed. The issue is whether the trial court erred in surcharging attorney's fees against the co-personal representative who proceeded in good faith with an appeal that is, however, unauthorized under section 733.615, Florida Statutes (1983)....
...was in good faith. Accordingly, he contends he should not have to pay the other parties' attorney's fees, but they should be paid out of estate funds. He admits, of course, that that appeal was properly dismissed because of the unmet requirement of section 733.615....
...hat is a proper characterization, was hardly the kind of fault that would support a surcharge. Arguably, this court's deferral of action on a motion to quash that appeal, until after argument on the merits, suggests that the effect on that appeal of section 733.615 was less than clear to this court....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 932544
...The proposal thus could not be deemed to be made by Rebeca Ipox in her capacity as co-personal representative, much less made on behalf of the other co-personal representative. But even if the proposal had been made by Rebeca Ipox in her capacity as a personal representative, it would have been ineffective. Section 733.615(1) provides that "the concurrence of all joint personal representatives appointed. . . is required on all acts connected with the administration and distribution of the estate." Section 733.615 provides that "multiple representatives must act in concert, and have no authority to act independently, regardless of the circumstances." Messina v....
...4th DCA 1984) (holding that a co-personal representative could not unilaterally file a notice of appeal without concurrence of the other co-personal representative). In addition, there was no evidence that Rebeca Ipox had been delegated to act on behalf of the other co-personal representative. See § 733.615(1) (providing that concurrence of all joint personal representatives is not required "when a joint personal representative has been delegated to act for the others")....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1168
...s refusal to sign the retainer agreement. [4] The will gave the co-personal representatives authority to employ counsel, without specifying any particular firm. The hiring of counsel would require the concurrence of the two personal representatives. § 733.615, Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17436
than all of the personal representatives. Section
733.615, Florida Statutes (1977), specifies in pertinent
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21578
...concerning the estate, the remaining representative or representatives are fully empowered to act alone. In Florida, however, multiple representatives must act in concert, and have no authority to act independently, regardless of the circumstances. § 733.615, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 17910, 2015 WL 7566353
...o is in
control of the estate.
The appellee makes no argument that this is a case in which the curator
was appointed to serve as a joint personal representative. Joint personal
representatives have legally defined roles in regards to an estate. Section
733.615, Florida Statutes (2014), requires that, if there are joint personal
representatives, certain procedures for decisions made, as well as certain
protections, apply to the joint personal representatives. § 733.615, Fla.
Stat....
...e court agent with the
same powers.3 It is easy to see how this would be problematic, considering
that there could be conflicting opinions on how to make decisions
regarding an estate. Since the curator is not a joint personal
representative, section 733.615 does not provide an applicable procedure
for resolving these conflicting opinions.
As an additional source of support for their argument, the personal
representatives point to Florida Probate Rule 5.122....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1770, 1989 Fla. App. LEXIS 4195, 1989 WL 81653
...iguous language of the written agreement.” Bacon v. Crespi,
141 So.2d 823, 825 (Fla.3d DCA 1962); accord Berkowitz v. Firestone,
173 So.2d 161 (Fla.3d DCA 1965). The fact that the release contained only one signature instead of two, as required by section
733.615, Florida Statutes (1987), and the undisputed testimony of the threats by the Estate’s counsel to take the precise action that the release purported to preclude, were sufficient to raise a question of Caidin’s rights under the release....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 305, 1988 Fla. App. LEXIS 283, 1988 WL 4396
...278 ,
5 So.2d 454 (1942); Redfearn, Wills and Administration of Estates in Florida, § 21-9; Fla.R.P. & G.P. 5.120(a). The decedent’s will appointed William J. Crosby II and Marvin T. Ellis as co-personal representatives and they both qualified to act. Section
733.615, Florida Statutes requires the concurrence of all fiduciaries on all acts connected with the administration and distribution of the estate, with certain exceptions not pertinent here....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 20014, 2004 WL 3008988
...The trial court approved the settlement because Mr. Faust had relied to his detriment upon Mr. Medina’s representations that Mr. Davis had the authority to act alone in matters involving his son’s estate, including the acceptance of the proposal for settlement. See § 733.615(3), Fla....
...Davis’s settlement of the wrongful death action. Therefore, we are not called upon to decide the propriety of the allocation Mr. Davis made of the recovery among the estate and the survivors or whether Mr. Faust was entitled to the protection of section 733.615(3) under the circumstances of this case....
...Sea-ford did not seek a fee. 5 Noting that Mr. Davis had acted alone in signing the contingent fee agreement, counsel for Mrs. Costello argued that the agreemeht was not binding on the estate because both of the co-personal representatives had not signed it as required by section 733.615(1)....
...Costello’s request for interest on her share of the overpayment. Mrs. Costello timely appealed the trial court’s order on attorney’s fees and costs. Analysis With certain exceptions not applicable here, joint personal representatives are required to act in concert. 7 §
733.615(1); Messina v. Scionti,.
406 So.2d 529, 532 (Fla. 2d DCA 1981) (construing . an earlier version of section
733.615(1))....
...al constituted cause for her removal). In this case, Mr. Davis had no authority to bind the estate because Mrs. Costello, the other co-personal representative, did not join in the execution of the contingent fee agreement with Mr. Medina’s office. §
733.615(1); Rand,
489 So.2d at 797 n....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7732, 1991 WL 148348
...of October 1987. At the same time, Federated was the object of a leveraged buy-out by Campeau. It was extensively argued below that Mickler was greatly exposed to liability for any breach of his fiduciary duty in the management of the estate assets. Section 733.615, Florida Statutes (1987) provides that when joint personal representatives are appointed, as here, concurrence is “required on all acts connected with the administration and distribution of the estate.” We find Mickler’s liability potential to be quite limited actually....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1790, 1984 Fla. App. LEXIS 14666
...Appellant filed the notice of appeal without obtaining the concurrence of the co-personal representative, Juanell P. Peeples. Appellee Peeples has challenged this unilateral action by filing a motion to dismiss or quash the appeal. She claims that appellant’s unilateral action contravenes section 733.615, Florida Statutes (1983), which provides that: If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate....
