137 So. 3d 389
Fla. Dist. Ct. App.2013Background
- Inglis appeals two orders: continuing writs of garnishment against Berlinger Discretionary Trusts and substitution of Inglis as a party to Casselberry's postdissolution action.
- Berlinger stopped alimony; garnishments were issued to SunTrust, the former corporate trustee, then SunTrust was replaced by Inglis as trustee in probate.
- Inglis, as special trustee, directed trust assets to creditors; he testified he assumed management and that distributions were discretionary under Florida law.
- The trial court granted November 27, 2012 writs and substitution of Inglis; SunTrust remained garnishee for earlier writs.
- Inglis argues lack of personal jurisdiction over him and the trusts because substitution occurred the same day as the garnishment orders; Casselberry argues he voluntarily submitted to jurisdiction.
- The court held Inglis voluntarily submitted to jurisdiction by his appointment, appearances, and participation in the proceeding; dismissing Beekhuis as controlling fact pattern distinction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the trial court have personal jurisdiction over Inglis as trustee? | Inglis contends no jurisdiction until substitution. | Casselberry contends Inglis voluntarily submitted by appointment and participation. | Yes; Inglis voluntarily submitted to jurisdiction. |
| Did Inglis voluntarily submit to the court's jurisdiction by appearing at the November 2012 hearing? | Inglis withdrew substitution and did not appear as trustee. | Inglis appeared and testified as trustee; actively participated. | Yes; voluntary appearance established jurisdiction. |
| Does substitution timing affect the court's authority to issue garnishments? | Substitution occurred the same day as writs; jurisdiction must await substitution. | Voluntary appearance and duties as trustee suffice to bind to the court. | No; substitution timing does not defeat jurisdiction given voluntary participation. |
Key Cases Cited
- Beekhuis v. Morris, 89 So.3d 1114 (Fla. 4th DCA 2012) (trustee-subject matter and jurisdiction considerations)
- In re Estate of Stisser, 932 So.2d 400 (Fla. 2d DCA 2006) (trustee as indispensable party in proceedings affecting estate)
- First Wis. Nat'l Bank of Milwaukee v. Donian, 343 So.2d 943 (Fla. 2d DCA 1977) (participation in litigation shows submission to jurisdiction)
- Berlinger v. Casselberry, 133 So.3d 961 (Fla. 2d DCA 2013) (affirmation of continuing garnishment orders (slip op.))