Probate Exception To Diversity Jurisdiction

17 Florida cases classified under this topic · sorted by citation count · browse and sort

• Glickstein v. SUN Bank/Miami, N.A.
  922 F.2d 666· 11th Cir.· 1991-01-28 ·cited 26×
  The district court erred in dismissing the complaint for lack of standing and failure to exhaust probate remedies; Glickstein's subsequent appointment as personal representative cures the capacity defect, and the probate exception and exhaustion doctrines do not bar the action.
• Giardina v. Adele Fontana
  733 F.2d 1047· 2d Cir.· 1984-05-04 ·cited 23×
  The district court erred in abstaining from exercising diversity jurisdiction over a claim for rescission of an assignment procured by fraud and undue influence, as the claim did not fall within the probate exception and did not present exceptional circumstances warranting absten
• Mich. Tech Fund v. Century Nat'l Bank OF Broward
  680 F.2d 736· 11th Cir.· 1982-07-16 ·cited 22×
  Federal courts have diversity jurisdiction over claims seeking interpretation of a will, reformation of a mortgage, and adjudication of contract breaches, even when a state probate proceeding is pending, as long as the federal court does not interfere with the probate proceedings
• Metro. Life Ins. Co. v. Est. OF Herbert Cammon
  929 F.2d 1220· 7th Cir.· 1991-04-12 ·cited 20×
  A premature notice of appeal does not divest the district court of jurisdiction to enter a final judgment, and a default judgment for failure to comply with discovery orders is permissible when the non-compliance is willful.
• Moore v. Mrs. Jimmie F. Lindsey
  662 F.2d 354· 5th Cir.· 1981-11-30 ·cited 19×
  The court held that the Georgia long arm statute confers personal jurisdiction over a devisee who owns property in Georgia, and that the Cook County property devised to the daughter must bear the PCA indebtedness. The court also held that federal courts lack subject matter jurisd
• Bergeron v. Est. OF William Loeb
  777 F.2d 792· 1st Cir.· 1985-11-20 ·cited 10×
  The court held that the Nevada Supreme Court's judgment, which barred the plaintiff's claim against the estate, was res judicata and entitled to full faith and credit, precluding federal review of the constitutional claims. However, the Nevada judgment did not preclude claims aga
• Wilsey v. Charles F. Eddingfield, M.D.
  780 F.2d 614· 7th Cir.· 1985-08-09 ·cited 10×
  The citizenship of beneficiaries, not a nominal representative, determines diversity jurisdiction when the representative has no independent stake in the outcome under state law.
• Loyd v. Loyd
  731 F.2d 393· 7th Cir.· 1984-03-26 ·cited 8×
  The court held that the district court properly granted summary judgment because the plaintiff failed to state a claim under 42 U.S.C. § 1983 as the administrator's actions did not constitute state action, and due process claims were satisfied by proper notice and opportunity to
• Kausch v. The First Wichita Nat'l Bank OF Wichita Falls
  470 F.2d 1068· 5th Cir.· 1972-11-28 ·cited 8×
  Federal courts lack jurisdiction over will contests, even with diversity, unless state law allows an independent action to annul a will.
• In re Klaus Hubert Goerg v. Edgardo L. Parungao
  844 F.2d 1562· 11th Cir.· 1988-05-18 ·cited 7×
  A foreign insolvency proceeding concerning a decedent's estate can qualify for ancillary relief under section 304 of the Bankruptcy Code, even if the estate does not meet the Code's definition of 'debtor'.
• Virginia L. Looney et vir v. Cap. Nat'l Bank OF Austin
  235 F.2d 436· 5th Cir.· 1956-06-30 ·cited 6×
• Weiss v. Courshon
  768 So. 2d 2· Fla. 3d DCA· 2000-05-24 ·cited 4×
  Patricia Weiss and Thomas Pollak appealed a summary judgment dismissing their breach of fiduciary duty and accounting claims against the Courshons, former trustees of family trusts. The court affirmed, applying collateral estoppel based on a prior federal court judgment that had
• Moore v. C. Edward Graybeal, Sr., M.D.
  843 F.2d 706· 3d Cir.· 1988-03-31 ·cited 4×
  A federal court lacks jurisdiction over an action that, in substance, attacks the validity of a will or its probate, even if framed as a tort claim, when the state provides an exclusive statutory remedy for will contests.
• DeWITT v. Duce
  599 F.2d 676· 5th Cir.· 1979-07-27 ·cited 4×
  The court held that a complaint alleging intentional interference with an inheritance is sufficient on its face to confer subject matter jurisdiction in a federal diversity court, even if probate proceedings are ongoing.
• Isaacs v. Isaacs
  M.D. Fla.· 2023-04-24
  The court held that the Second Amended Complaint was a shotgun pleading and failed to establish federal subject matter jurisdiction, warranting dismissal without leave to amend.
• Isaacs v. Isaacs
  M.D. Fla.· 2023-03-20
  The court held that the second amended complaint is a shotgun pleading and fails to establish subject matter jurisdiction, warranting dismissal.
• Oil Com Uganda v. Wessel Van Tonder
  M.D. Fla.· 2022-02-28
  The court held that plaintiffs failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying their motion for a preliminary injunction.