RABORN v. MENOTTE

No. SC06-2461.

974 So.2d 328 (2008)

Douglas K. RABORN, et al., Appellants, v. Deborah C. MENOTTE, etc., Appellee.

Supreme Court of Florida.

January 10, 2008.


Attorney(s) appearing for the Case

John R. Beranek of Ausley and McMullen, Tallahassee, FL, for Appellants.

John H. Pelzer of Ruden, McClosky, Smith, Schuster, and Russell, PA., Fort Lauderdale, FL, Morris G. (Skip) Miller of Ruden, McClosky, Smith, Schuster, and Russell, P.A., West Palm Beach, FL, and Michael R. Bakst of Elk, Christu, and Bakst, LLP, West Palm Beach, FL, for Appellee.

Robert W. Goldman of Goldman, Felcoski, and Stone, P.A., Naples, FL, and John W. Little, III of Brigham Moore, LLP, West Palm Beach, FL, on behalf of Real Property, Probate and Trust Law Section of The Florida Bar, as Amicus Curiae.


BELL, J.

We have for review two questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const. The first question is:

Whether, under Florida. Statutes section 689.07(1) as it existed before its 2004 amendment, this Deed—which is a recorded real estate conveyance deed to a named trustee of a private express trust identified in the deed by name and...

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