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CHAPMAN v. KLEMICK

Nos. 91-5854, 92-4355.

3 F.3d 1508 (1993)

Mannie CHAPMAN, Jimmie Erskine, Dorothy Reid, James L. Woodall, R.P. Vinall, and Diane L. Ragone, Plaintiffs-Appellees, v. Herman M. KLEMICK, Herman M. Klemick P.A., a Florida Professional Association, Defendants-Appellants; Mannie CHAPMAN, Jimmie Erskine, Dorothy Reid, James L. Woodall, R.P. Vinall, and Diane L. Ragone, Plaintiffs-Appellees, Cross-Appellants, v. Herman M. KLEMICK, Herman M. Klemick P.A., a Florida Professional Association, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 12, 1993.

Attorney(s) appearing for the Case

Phillip D. Parrish, Stephens, Lynn, Klein & McNicholas, Miami, FL, for defendants-appellants.

Mark J. Berkowitz, Alice Weisman, Sugarman & Susskind, P.A., Miami, FL, for plaintiffs-appellees.

Before EDMONDSON and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.

CARNES, Circuit Judge:

This case arises under the Employee Retirement Income Security Act of 1974, ("ERISA"), 29 U.S.C. §§ 1001-1461. The issue presented is whether an attorney who represents a beneficiary of a trust fund in the beneficiary's separate personal injury action becomes a fiduciary under ERISA when, in settlement of his client's personal injury claim, the attorney receives funds to which the trust fund asserts subrogation rights. The district...

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