BURTON v. KINCHENS

No. 96-3566.

696 So.2d 1349 (1997)

Barbara North BURTON, as Personal Representative of the Estate of Bertha Goldstein, Deceased, and Miami Country Day School, Inc., Appellants, v. Emmitt KINCHENS, Appellee.

District Court of Appeal of Florida, Third District.

July 23, 1997.


Attorney(s) appearing for the Case

Koppen, Watkins and R. Daniel Koppen and Philip Carlton, Jr., Miami, for Barbara North Burton.

Metsch & Metsch and Lawrence R. Metsch, Miami, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.


PER CURIAM.

The trial court granted the appellee's motion for a partial summary judgment holding, as a matter of law, that the signed change of beneficiary forms, which deleted the name of the appellee as the trust beneficiary of the in-trust-for account, were ineffectual. In doing so, the trial court relied on appellee's interpretation of the application of § 655.82, Fla. Stat. (1995). We hold that it was error for the trial court to do so.

Clearly,...

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