ROGERS & WELLS, APPELLANT,
v.
RONALD WINSTON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF EDNA VIVIAN WINSTON, DECEASED, AND BRUCE WINSTON AND BANKERS TRUST COMPANY, APPELLEES

Fla. 4th DCA | 1995-10-25
No. 94-0738
KLEIN and STEVENSON, JJ., concur.
662 So. 2d 1303 Florida District Court of Appeal, Fourth District (1995) Caution
Cited by 7 cases

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Synopsis

Rogers & Wells, a New York law firm employed by a Florida estate's personal representative, challenged the Florida court's personal jurisdiction over it in a proceeding to review its compensation. The court affirmed that the firm was subject to Florida jurisdiction because it was hired to perform services for an estate being probated in Florida, and should have foreseen potential litigation in Florida courts.


Holding

The court held that Rogers & Wells is subject to Florida jurisdiction because it was employed by an estate being probated in Florida and should have foreseen that it could be haled into a Florida court in the event of litigation over the services performed for that estate.


Headnotes

[1] A law firm employed to perform legal services for an estate being probated in Florida is subject to Florida's jurisdiction, even if the majority of services were performe…

[2] A petition in a probate matter is sufficient to establish jurisdiction if it alleges the proceeding was commenced pursuant to the relevant Florida Statute.

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Key Quotes

“Even if virtually all of the services provided by Rogers & Wells were performed in New York, because Rogers & Wells was employed to perform these services by an estate being probated in Florida, it was doing business in Florida and should have foreseen that it would be haled into a Florida court in the event of litigation over the services performed for the estate.”

Establishes the court's primary holding that employment by a Florida probate estate creates jurisdictional nexus regardless of where services are actually performed.

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Facts & Procedural History

Edna Winston, a Florida resident, died and her estate was being probated in Florida. Her will required that costs, fees, and estate taxes be paid by t…

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Opinion of the Court
POLEN, Judge.

POLEN, Judge.

Rogers & Wells, a New York law firm, appeals the trial court’s denial of its motion to dismiss/abate the petition to review the employment of agents filed by Ronald Winston as the personal representative of the estate of Edna Winston, Ronald’s mother. The estate of Edna Winston, who died a resident of Florida, is being probated in Florida. Ronald and his brother Bruce Winston are eo-benefieiaries of the estate. A provision in Ms. Winston’s will required that costs, fees and estate taxes incurred in the administration of her estate be paid by the trustees out of assets in a New York marital trust. Rogers & Wells, a New York law firm, was employed by the personal representative to perform legal services for the Florida estate. Bruce objected to the payments made to Rogers & Wells. In response to the objections, the personal representative filed a petition to review the compensation to Rogers & Wells. Rogers & Wells filed a motion to dismiss/abate the action, claiming that they are not subject to the jurisdiction of the Florida courts because virtually all of the services performed on behalf of the estate were performed in New York for the marital trust. The trial court denied the motion. We affirm the decision of the trial court.

Our opinion In re Estate of Winston, 610 So. 2d 1323 (Fla. 4th DCA 1992) dismissed Rogers & Wells’ appeal of the trial court’s abatement of that aspect of the case, because such an order is a non-final, non-appealable order. Thus, we have never passed on the merits of whether the Florida court has personal jurisdiction over Rogers & Wells. That issue is now properly before us, and we reject appellee’s initial contention that that issue was decided adverse to Rogers & Wells, and is the law of the case.

Even if virtually all of the services provided by Rogers & Wells were performed in New York, because Rogers & Wells was employed to perform these services by an estate being probated in Florida, it was doing business in Florida and should have foreseen that it would be haled into a Florida court in the event of litigation over the services performed for the estate. In In Re Estate of Vernon, 609 So. 2d 128 (Fla. 4th DCA 1992), an estate being probated in Florida sued a New York law firm for damages, and this court held that non-resident partners of the New York law firm were subject to Florida jurisdiction because of their work on an estate being probated in Florida. See also Windels, Marxs, etc. v. Solitron Devices, Inc., 510 So. 2d 1177 (Fla. 4th DCA 1987) in which this court held that an out-of-state law firm hired by a corporation headquartered in Florida was subject to long-arm jurisdiction in Florida because of services rendered both in and out of Florida, notwithstanding that the particular omission which was the subject of the suit occurred outside of Florida.

We disagree with appellant’s assertion that the court lacks jurisdiction because appellee failed to comply with the requisite pleading and service requirements under the Rules of Civil Procedure. According to Florida Rule of Civil Procedures 1.010, the rules of civil procedure do not apply when there is an applicable probate rule. Rule 5.020(b), Florida Rules of Probate, requires a petition in probate matters to contain a statement of the court’s jurisdiction, if the jurisdiction has not already been established. We find that the petition’s allegation that the proceeding to review the employment of agents was commenced pursuant to section 733.6175, Florida Statutes, was sufficient to comply with rule 5.020(b), Florida Rules of Probate. Further, we find that rule 5.041(b), Florida Rules of Probate only requires notice be mailed to all interested persons. Rogers & Wells is an interested party as defined by rule 5.041, Florida Rules of Probate, and section 731.201(21), Florida Statutes, and therefore service by mail was appropriate. See Payette v. Clark, 559 So. 2d 630 (Fla. 2d DCA 1990).

AFFIRMED.

KLEIN and STEVENSON, JJ., concur.


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Citator

Cited By

  • …sion of a tortious act in this state. So too with Carida v. Holy Cross Hosp., 424 So. 2d 849 (Fla. 4th DCA 1982) (publication of oral defamatory statements in Florida held commission of tortious act in Florida). Moreover, Rogers & Wells v. Winston, 662 So. 2d 1303 (Fla. 4th DCA 1995), rev. denied, 675 So. 2d 929 (Fla.1996), and In re Estate of Vernon, 609 So. 2d 128 (Fla. 4th DCA 1992), found jurisdiction based on doing business in Florida, not the commission of a tortious act here. .The holding in Sun Bank…
  • Harris v. Shuttleworth & Ingersoll, P.C., 831 So. 2d 706 (Fla. 4th DCA 2002)
    …875 (Fla. 5th DCA 2002). Here, in finding that Shuttleworth did not have the minimum contacts necessary, based on the unique facts of the instant case, the trial court correctly distinguished this [*709] court’s opinion in Rogers & Wells v. Winston, 662 So. 2d 1303 (Fla. 4th DCA 1995), and Robinson v. Giarmarco and Bill, P.C., 74 F. 3d 253 (11th Cir.1996), on the basis that they related to non-resident defendants performing estate services outside of Florida for the Florida estate to be probated, whereas, the…
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  • Neal v. Lamb-Ferrara (Fla. 3d DCA 2024)

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