Agnes Bartsch v. John Costello
170 So. 3d 83
| Fla. Dist. Ct. App. | 2015Background
- Bartsch appeals a final judgment in favor of Costello, who assisted the decedent’s stepdaughter in obtaining unclaimed funds; court rejected strict liability and declaratory judgment claims.
- Bartsch and the decedent were married in 1996; decedent died in 2002 with a death certificate listing him as divorced.
- Costello notified the stepdaughter about funds in the decedent’s name and agreed to assist her in claiming the property.
- The stepdaughter petitioned for summary administration; probate court initially awarded the funds to the stepdaughter.
- The court later vacated that order, distributing funds 50% to Bartsch, 25% to the stepdaughter, and 25% to Bartsch’s daughter; the stepdaughter was found to have wrongfully obtained funds.
- Bartsch then sued Costello, asserting common law negligence and seeking declaratory relief; the case proceeded to a non-jury trial and the trial court ruled against Bartsch on both the negligence and declaratory judgment theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §717.1341 impose strict liability on private actors | Bartsch argues strict liability under the statute | Costello argues no private action; statute targets the Department | No strict-liability standard; not adopted for private actions |
| May §717.1341 standards inform private negligence conduct even without a private cause of action | Statute sets a strict duty of care for those assisting to receive unclaimed property | Legislature intended no private action; statute does not define conduct for tort | Statute not adopted as standard of conduct for private negligence; common-law standard applies |
| Does Bartsch have standing to seek declaratory relief to enforce Department’s rights | Declaration to require appellee to return funds to the Department | Only the Department can seek or enforce return; Bartsch lacks standing | Bartsch lacks standing; declaratory relief properly denied |
Key Cases Cited
- Kohl v. Kohl, 149 So.3d 127 (Fla. 4th DCA 2014) (strict liability is narrow; not generally applicable to private actions)
- Eckelbarger v. Frank, 732 So.2d 433 (Fla. 2d DCA 1999) (strict liability is a narrow category in tort law)
- deJesus v. Seaboard Coast Line R. Co., 281 So.2d 198 (Fla. 1973) (statutory protections for certain classes may not create private tort duty)