DINKINS v. DINKINS

No. 5D12-1292.

120 So.3d 601 (2013)

Jeanette M. DINKINS, Appellant, v. Toni L. DINKINS, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

July 26, 2013.


Attorney(s) appearing for the Case

Lindsay Patrick Lopez , Karen E. Lewis , J. Eric Taylor , and Marie Tomassi , of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, for Appellant.

Edward Downey and R. Lee McElroy IV , of Downey & Downey, P.A., Palm Beach Gardens, for Appellee.


PALMER, J.

Jeanette M. Dinkins (widow) appeals the trial court's order determining that a provision in her late husband's trust is not an invalid penalty clause and that a separate trust created for her can be used to satisfy her elective share. We affirm.

The husband's property at his death was estimated at $24-55 million, including certain assets held in trust. The widow sought a declaratory judgment, challenging the enforceability of the following provision...

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