PATRICIA POLLAK WEISS, AS TRUSTEE, APPELLANT,
v.
ARTHUR H. COURSHON, AS TRUSTEE AND THUNDERBIRD ASSOCIATES, INC., APPELLEES
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In an interpleader action concerning disposition of balloon payment mortgage funds, the trial court awarded the disputed funds to Courshon as the mortgage note payee. Weiss appealed, challenging various procedural and evidentiary rulings, but the appellate court affirmed, finding no reversible error.
The trial court properly awarded the interpleaded funds to Courshon because he was the undisputed sole payee under the mortgage note. Courshon's answer properly asserted his claim to the funds without requiring a cross-claim, and amendment of his answer to conform to the evidence was properly allowed. Weiss's remaining attacks on the judgment lacked merit.
[1] A defendant in an interpleader action may assert a claim to interpleaded funds by filing an answer, and is not required to file a cross-claim against another defendant.
[2] An answer asserting a claim to interpleaded funds is not vacated when the original plaintiff-interpleader is discharged without prejudice to the defendants pursuing their…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Courshon's answer to the interpleader complaint properly asserted his claim to the inter-pleaded funds. Contrary to Weiss' argument, (a) Courshon was not required to assert his claim by way of a cross claim against Weiss, and (b) Courshon's answer was not vacated when the original plaintiff-interpleader was, by stipulation, discharged without prejudice to the defendants herein to pursue their respective claims against the interpleaded funds.”
Establishes the proper procedure for asserting claims in an interpleader action and that discharge of the original plaintiff does not invalidate a defendant's answer
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Join FLexlaw to unlock all legal intelligenceAn interpleader action arose concerning funds owed on a balloon payment mortgage note. The trial court determined that Courshon was the sole payee und…
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[*1353] PER CURIAM.
This is an appeal by a defendant Patricia Poliak Weiss, as Trustee [Weiss], from an adverse final judgment entered in an inter-pleader action arising out of the disposition of funds owed on a balloon payment mortgage note. The trial court awarded the interpleaded funds in dispute to the code-fendant Arthur H. Courshon, as Trustee [Courshon], on the ground that Courshon was the payee on the subject mortgage note. The defendant Weiss raises numerous points which, we conclude, do not present reversible error. We accordingly affirm.
First, we conclude that Cour-shon’s answer to the interpleader complaint properly asserted his claim to the inter-pleaded funds. Contrary to Weiss’ argument, (a) Courshon was not required to assert his claim by way of a cross claim against Weiss, and (b) Courshon’s answer was not vacated when the original plaintiff-interpleader was, by stipulation, discharged without prejudice to the defendants herein to pursue their respective claims against the interpleaded funds. Syms v. McRitchie, 187 F. 2d 915 (5th Cir.1951); Drummond Title Co. v. Weinroth, 77 So. 2d 606, 610 (Fla.1955); Bourne v. State Bank & Trust Co., 106 Fla. 46, 142 So. 810 (Fla.1932); Sammis v. L’Engle, 19 Fla. 800, 810 (1883); Azelton v. Finch, 390 So. 2d 119, 120 (Fla. 4th DCA 1980).
Second, we conclude that the trial court properly allowed Courshon to amend his answer to conform to the evidence so as to affirmatively request payment of the interpleaded funds. Weiss’ various attacks on the propriety of this amendment have no merit because they proceed on the erroneous assumption that the amendment sought various partnership dissolution expenses. Courshon did not seek and was not awarded any partnership dissolution expenses in this interpleader proceeding.
Third, Weiss’ evidentiary complaints and sundry other attacks on the final judgment have no merit because they also proceed on the erroneous assumption that Courshon sought and recovered certain partnership dissolution expenses. Moreover, no reversible error is presented concerning the calculation of interest in this cause.
Finally, we conclude that Cour-shon established his claim to the interplead-ed funds. This is so because the plaintiff-interpleader’s sole obligation as to the in-terpleaded funds arose under the subject mortgage note, and, without dispute, the sole payee under the said note was Cour-shon. The trial court quite properly did not adjudicate Weiss’ cross claims against Courshon because (a) Weiss had a pending lawsuit against Courshon which raised the same claims, (b) Weiss, in effect, agreed at trial to withdraw such cross claims in favor of the aforesaid pending lawsuit, and (c) the final judgment reserves Weiss’ right to pursue this lawsuit.
Affirmed.
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Citator
Cited By
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Weiss v. Berkett, 907 So. 2d 1181 (Fla. 3d DCA 2005)…e to say.” A full affir-mance is what is legally required, and I would so rule. In 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.…
Authorities Cited
- Rand-Shepard Co. v. Dollar Sav. Inst., Inc., 106 Fla. 46 (Fla. 1932)
- Drummond Title Co. v. Isreal S. Weinroth, 77 So. 2d 606 (Fla. 1955)
- Jno. S. Sammis v. L'Engle, 19 Fla. 800 (Fla. 1883)
- Syms v. McRITCHIE, 187 F.2d 915 (5th Cir. 1951)
- Azelton v. Finch, 390 So. 2d 119 (Fla. 4th DCA 1980)