Chichester v. Cook
8:11-cv-02799
M.D. Fla.Feb 10, 2012Background
- Diversity action for declaratory relief to void a June 6, 2008 corrective deed and related October 24, 2008 coal lease dependent on the corrective deed.
- George W. Cook, Jr. died before 1962; his will bequeathed lands and mineral rights to five children, including George Posey Cook.
- George Posey Cook (defendant) obtained a durable power of attorney in 1996 and later deeded assets to himself using that POA.
- George P. Cook (decedent) died in 1999; probate proceedings for his estate are in Hernando County, Florida, appointing Elizabeth Cook Chichester as personal representative.
- The 2008 corrective deed and 2008 coal lease are at issue, tying real property interests in West Virginia to the Florida estate; the probate order is under challenge in related proceedings.
- The court denied defendant’s motion to dismiss; standing and personal jurisdiction were the primary issues, with subject-matter considerations discussed as to declaratory relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of plaintiff as personal representative | Chichester has standing pending probate rulings. | Appointment as personal representative may be vacated; standing unclear. | Plaintiff has standing until probate court decides the appointment issue. |
| Florida long-arm jurisdiction over nonresident defendant | Defendant’s actions with Florida-linked POA caused injury to Florida estate. | Only activity via POA in another state; not sufficient. | Florida long-arm statute satisfied; due process not violated on current pleadings. |
| Subject-matter jurisdiction and proper forum for declaratory relief | Action seeks declaration about enforceability of deeds/lease affecting Florida estate. | Property lies in West Virginia; risk of in rem determination. | Court has subject-matter jurisdiction for declaratory relief; not an in rem title action. |
Key Cases Cited
- Licciardello v. Lovelady, 544 F.3d 1280 (11th Cir. 2008) (long-arm jurisdiction; purposeful conduct toward Florida estate)
- New Lennox Indus. v. Fenton, 510 F.Supp.2d 893 (M.D. Fla. 2007) (intentional torts and forum contact considerations)
- Hayes v. Gulf Oil Corp., 821 F.2d 285 (5th Cir. 1987) (due process considerations in jurisdictional analysis)
- Fisher v. Virginia Elec. & Power Co., 243 F.Supp.2d 538 (E.D. Va. 2003) (declaratory relief and inter-jurisdictional considerations)
- Purcell v. Summers, 126 F.2d 390 (2d Cir. 1942) (declaratory judgment action considerations)