DOLORES DOLLMAN, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HENRY DOLLMAN, DECEASED, AS TRUSTEE OF DOLORES DOLLMAN CHARITABLE TRUST, AND AS TRUSTEE OF DOLORES DOLLMAN GRANTOR TRUST, PAUL DOLLMAN, INDIVIDUALLY AND AS TRUSTEE OF THE PAUL DOLLMAN GRANTOR TRUST, WILLIAM DOLLMAN, INDIVIDUALLY AND AS TRUSTEE OF WILLIAM DOLLMAN GRANTOR TRUST, AND FEDERAL COLLATERAL SOCIETY, INC., APPELLANTS,
v.
SHUTTS & BOWEN AND WILLIAM MCB. WOOD, APPELLEES

Fla. 3d DCA | 1991-03-05
Nos. 90-1906, 90-678
Before NESBITT, BASKIN and JORGENSON, JJ.
575 So. 2d 320 Florida District Court of Appeal, Third District (1991) Caution
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Dollmans sued their attorney Shutts & Bowen and partner William Wood for legal malpractice and negligent supervision. The trial court granted summary judgment for the defendants, but the appellate court reversed, finding genuine issues of material fact existed regarding whether Wood communicated key transactions to the Dollmans and whether the firm failed to disclose circumstances of Wood's departure.


Holding

The court reversed the summary judgment because genuine issues of material fact existed. Whether Wood communicated transactions to the Dollmans and whether the firm failed to inform them of Wood's disassociation are material factual disputes that must be resolved by a trier of fact, not on summary judgment.


Headnotes

[1] A genuine issue of material fact exists when a party's knowledge of transactions undertaken by an attorney/co-trustee is disputed.

[2] A law firm may be liable for a partner's legal malpractice if the firm failed to monitor and supervise the partner.

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Key Quotes

“Whether Wood communicated to the Dollmans the proposed cash purchase of the estate's real property and whether Shutts & Bowen failed to inform the Dollmans of the circumstances surrounding Wood's disassociation from the firm are issues of material fact.”

Establishes the specific factual disputes that preclude summary judgment

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Facts & Procedural History

The Dollmans engaged attorney Wood, a partner at Shutts & Bowen, to help administer estate funds. Wood, as a co-trustee with the Dollmans, undertook c…

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Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

Dolores Dollman and other appellants 1 appeal a final summary judgment and a final judgment for costs in favor of Shutts & Bowen and William Wood. Their lawsuit alleged that Shutts & Bowen negligently failed to “monitor and supervise” Wood, a partner in the firm, and that Wood was guilty of legal malpractice.

We reverse. The record discloses that genuine issues of material fact exist. Whether Wood communicated to the Dollmans the proposed cash purchase of the estate’s real property and whether Shutts & Bowen failed to inform the Dollmans of the circumstances surrounding Wood’s disassociation from the firm are issues of material fact. Appel-lees’ reliance on Brent v. Smathers, 547 So. 2d 683 (Fla. 3d DCA 1989), is misplaced. In Brent, this court held that a co-trustee does not have an affirmative duty to explain the effects of transactions to a beneficiary/co-trustee who consented to the transactions unless an explanation is requested, or the co-trustee knew that the beneficiary/co-trustee did not have the necessary knowledge of the facts to understand the transactions. That is not the situation here. Whether the Dollmans had knowledge of the transactions undertaken by attorney/co-trustee Wood constitutes a genuine issue of material fact under the record presented. Some of Wood’s actions appear to contravene the Dollmans’ explicit instructions.

Furthermore, the record establishes that the Dollmans engaged counsel because they did not possess the knowledge or skills necessary to administer the estate funds. Those circumstances - distinguish this case from Brent.

Appellees have failed to demonstrate the absence of any genuine issues of material fact. Moore v. Morris, 475 So. 2d 666 (Fla.1985); Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Drawing “every possible inference in favor of the party against whom a summary judgment is being sought,” Moore, 475 So. 2d at 668, we reverse the final summary judgment and the final judgment awarding appellees costs.

Reversed and remanded.

. The appellants are Dolores Dollman, individually; Dolores Dollman, as personal representa tive of the Estate of Henry Dollman; Dolores Dollman, as trustee of the Dolores Dollman Charitable Trust; Paul Dollman, individually; Paul Dollman as trustee of the Paul Dollman Grantor Trust; William Dollman, individually; William Dollman, as trustee of the William Doll-man Grantor Trust; and the Federal Collateral Society, Inc., the Dollman family jewelry and pawn business.


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Cited By

  • Winston v. Brogan, 844 F. Supp. 753 (S.D. Fla. 1994)
    …ansactions unless an explanation was reqüested, or the co-trustee knew that the beneficiary/co-trustee did not have the. necessary knowledge of the facts to understand the transactions. Brent, at 686. See also, Dollman v. Shutts & Bowen, 575 So.2d 320, 321 (Fla.Dist.Ct.App.3d Dist.1991) (explaining and distinguishing Brent). Unlike the defendant in Brent, the defendants in this case are not co-trustees or guardians; they are counsel retained by the guardians to provide guidance with r…

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