Summary
recognizing that decedent had held certain cash funds as a trustee in accordance with section 607.301, Florida Statutes, designating the directors of a dissolved corporation as trustees of the corporate assets
Summary of this case from Scott v. ReyesOpinion
No. 79-1456.
April 15, 1980.
Appeal from the Circuit Court for Dade County, Francis J. Christie, J.
Pallot, Stern Pollack and Mark E. Pollack, Miami, for appellant.
Sibley, Giblin, Levenson Glaser and Allen J. Smith, Miami, for appellee.
Before HUBBART, SCHWARTZ and NESBITT, JJ.
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).