PATRICIA POLLAK WEISS AND THOMAS POLLAK, APPELLANTS,
v.
TRUST UNDER THE WILL OF ALBERT POLLAK AND PHYLLIS POLLAK BERKETT, AND COURSHON & COURSHON AND BLOOM, AND ITS SUCCESSOR COURSHON & COURSHON, PARTNERSHIPS AND ARTHUR H. COURSHON, ESQ., JACK R. COURSHON, ESQ., AND SIMON H. BLOOM, JR., ESQ., APPELLEES
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PER CURIAM.
Appellants, beneficiaries of a trust, appeal from orders assessing $1,500 in costs as sanctions and appointing a commissioner to conduct evidentiary hearings in contested estate matters. We affirm the order imposing sanctions. The trial court properly assessed costs against the appellants for a scurrilous attack on the commissioner which was factually unwarranted and made in bad faith. See The Florida Bar, In re Shimek, 284 So. 2d 686 (Fla.1973).
The appeal on the merits is dismissed because the appellants made no motion to intervene, see Bay Park Towers Condo. Ass’n, Inc. v. H.J. Ross & Assocs., 503 So. 2d 1333 (Fla. 3d DCA 1987), and have not demonstrated by the pleadings that they otherwise have standing. Compare Pearlman v. Pearlman, 405 So. 2d 764 (Fla. 3d DCA 1981)(unnamed party whose rights are directly and injuriously affected may move, in that action, to set aside fraudulent judgment). This dismissal on the merits, however, does not preclude an independent action based on fraud by the trustee or other parties.
Affirmed in part and dismissed in part accordingly.
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Owens Corning Fiberglas Corp. v. Morse, 653 So. 2d 409 (Fla. 3d DCA 1995)…00 (Fla. 3d DCA 1992); Balart v. Michel’s Kartway, Inc., 364 So. 2d 90 (Fla. 3d DCA 1978). We also find that the imposition of plaintiffs’ costs against Grace is appropriate as a sanction for its actions. See Weiss v. Trust Under the Will of Pollak, 595 So. 2d 1035 (Fla. 3d DCA 1992). Accordingly, we affirm.…
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Weiss v. Berkett, 907 So. 2d 1181 (Fla. 3d DCA 2005)…my opinion, the interpersonal issues between the family members are for another forum. . See Weiss v. Courshon, 522 So. 2d 401 (Fla. 3d DCA 1987); Weiss v. Courshon, 541 So. 2d 1352 (Fla. 3d DCA 1989); Weiss v. Trust Un [*1184] der Will of Pollak, 595 So. 2d 1035 (Fla. 3d DCA 1992); Weiss v. Berkett, 600 So. 2d 1121 (Fla. 3d DCA 1992); Weiss v. Courshon, 618 So. 2d 255 (Fla. 3d DCA 1993); Weiss v. Courshon, 627 So. 2d 604 (Fla. 3d DCA 1993); Weiss v. Courshon, 768 So. 2d 2 (Fla. 3d DCA 2000); Weiss v. Berket…
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Weiss v. Courshon, 618 So. 2d 255 (Fla. 3d DCA 1993)…peal on the merits is dismissed because the appellants made no motion to intervene, [citation omitted] and have not demonstrated by the pleadings that they otherwise have standing. [Citation omitted]. Weiss v. Trust Under the Will of Albert Pollak, 595 So. 2d 1035, 1036 (Fla. 3d DCA), review denied, 606 So. 2d 1167 (Fla.1992). Meanwhile the action in the probate division remained pending. Weiss and Poliak moved to intervene in the probate action. They were allowed to intervene in their capacity as beneficiar…
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- Helene Pearlman v. Pearlman, 405 So. 2d 764 (Fla. 3d DCA 1981)
- BAY Park Towers Condo. Ass'n, Inc. v. H.J. Ross & Assocs., 503 So. 2d 1333 (Fla. 3d DCA 1987)
- THE Fla. BAR. In re Paul Shimek, Jr., 284 So. 2d 686 (Fla. 1973)