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KIRSH v. MANNEN

No. 80-977.

393 So.2d 63 (1981)

Morris KIRSH, As Trustee Individually and On Behalf of the Claimants and Judgment Creditors, Appellant, v. Harriet V. MANNEN, Estate of Oscar J. Mannen, Harold Richman, Dorothy Hirschorn, Edwin Borgos, Marcus Fried, Robert H. Paquette, Richard M. Mannen, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 20, 1981.

Attorney(s) appearing for the Case

Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik and Paul A. Louis, Charles J. Kane, Miami, for appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot and George B. Foss, Jr., Greenberg, Traurig, Hoffman, Lipoff, Quentel & Wolff and Kendall B. Coffey, Miami, Morgan, Lewis & Bockius and Harold G. Melville, Miami, for appellees.

Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.

SCHWARTZ, Judge.

The trial judge entered summary judgment to the effect that certain interests in real property titled in the name of Oscar J. Mannen, as trustee, were, contrary to Section 689.07, Florida Statutes (1979)1 not owned by Mr. Mannen at the time of his death and were therefore not assets of his estate, subject to the claims of his creditors. This was so, the court held, because (a) Mannen held the title in trust for various...

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