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FIRST NATIONAL BANK v. UNDERWOOD

No. 4-86-0868.

499 So.2d 60 (1986)

FIRST NATIONAL BANK IN PALM BEACH, Appellant, v. G. Earle UNDERWOOD, Appellee.

District Court of Appeal of Florida, Fourth District.

December 24, 1986.

Attorney(s) appearing for the Case

James G. Pressly, Jr., of Gunster, Yoakley, Criser & Stewart, West Palm Beach, for appellant.

Louis L. Hamby, III, of Alley, Maass, Rogers, Lindsay & Chauncey, Palm Beach, for appellee.

PER CURIAM.

We are of the opinion that a curator of a decedent's estate has no standing to bring an action for a declaratory judgment as concerns a contract between a corporation and another simply because the decedent owned the corporation's stock. The decedent was not a party to the contract and obviously, since the decedent owned a controlling stock interest, the estate can cause the corporation to initiate such action in the corporate name if the estate is so...

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