O'BRIEN v. McMAHON

No. 1D10-0015.

44 So.3d 1273 (2010)

Elizabeth Anne O'BRIEN, Appellant, v. Cynthia T. McMAHON, as Trustee for Madison Anne Todd, a minor, The Estate of Calvin L. Todd, Jr., The Prudential Insurance Company of America, Robert A. Hurst and Tonya E. Hurst, as parents of Heather Todd, a minor, Carol Todd, as natural guardian of Madison Anne Todd, a minor, and T.T. Todd Company, a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

October 7, 2010.


Attorney(s) appearing for the Case

Phillip S. Howell , Jason R. Mosley , and Paul J. Hamlin, Jr . of Galloway, Johnson, Tompkins, Burr & Smith, PLC, Pensacola, for Appellant.

T.A. Borowski, Jr . and J. Scott Duncan of Borowski & Duncan, P.A., Pensacola, for Appellee Robert A. Hurst and Tonya E. Hurst, as parents of Heather Todd, a minor, Robert O. Beasley of Litvak, Beasley & Wilson, LLP, Pensacola, for Appellee The Estate of Calvin L. Todd, Jr., James R. Green of Green & Bradford, P.A., Pensacola, for Appellee Carol Todd, as natural guardian of Madison Anne Todd, a minor, and Daniel C. Brown and Christine Davis-Graves of Carlton Fields, Tallahassee, for Appellee The Prudential Company of America.


BENTON, J.

Elizabeth Anne O'Brien appeals the summary, declaratory, partial1 final judgment ruling that she had no right to proceeds of her uncle Calvin L. Todd, Jr.'s life insurance policy. The trial court concluded that the late Mr. Todd had, in compliance with the policy's terms, substituted his younger daughter for his niece as a beneficiary some years before he died. We affirm.

On May 4, 1990, Prudential Insurance Company...

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