HAROLD WALZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Shuck v. Bank OF Am., N.A., 862 So. 2d 20 (Fla. 2d DCA 2003)
  …nded on the liability of the grantor apart from remedies available to the creditor against the personal representative of the estate. Although dicta in Estate of Read v. A.D.K. Properties, 766 So. 2d 393, 395 (Fla. 2d DCA 2000), and Tobin v. Damian, 723 So. 2d 396, 397 (Fla. 4th DCA 1999), may suggest that such a direct action was available, each case’s construction of the term "enforceable claims” in reference to a revocable trust’s liability pursuant to section 733.707(3) must be read in conjunction with se…
• Becklund v. Fleming, 869 So. 2d 1 (Fla. 2d DCA 2003)
  …Estate of Read v. A.D.K. Props., 766 So. 2d 393 (Fla. 2d DCA 2000) (construing a later version of section 733.707(3) that was substantially similar to the version of section 733.707(3) in effect on the date of the decedent’s death); Tobin v. Damian, 723 So. 2d 396 (Fla. 4th DCA 1999) (same); ch. 95-401, §§ 9, 10, at 3286-87, § 43, at 3310, Laws of Fla. In view of these barriers to recovery, the question posed by this appeal [*5] is whether the Creditor has alleged or can allege any facts that would state a ca…
• In re The Est. OF Anna K. Read v. A.D.K. Props., 766 So. 2d 393 (Fla. 2d DCA 2000)
  …ses of the administration of the decedent’s estate and enforceable claims of the decedent’s creditors to the extent the decedent’s estate is insufficient to pay them as provided in s. 733.607(2). § 733.707(3), Fla. Stat. (1997). In Tobin v. Damian, 723 So. 2d 396 (Fla. 4th DCA 1999), the Fourth District held that a party does not have a cause of action against a trust for a tort claim against a decedent unless the party has first obtained an enforceable claim against the decedent’s estate. The Fourth Distric…

Authorities Cited

• State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
• Castor v. State, 365 So. 2d 701 (Fla. 1978)