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JP MORGAN CHASE BANK, N.A. v. ESTATE OF NEU

No. 4D13-2058.

133 So.3d 1068 (2014)

JP MORGAN CHASE BANK, N.A., as Servicer of J.P. Morgan Mortgage Acquisition Trust 2007-CH1, Appellant, v. The ESTATE of Janet NEU, Barrett S. Lazarus, as Successor Trustee of the Janet L. Neu Revocable Trust, and Marvine Calloway, Appellees.

District Court of Appeal of Florida, Fourth District.

January 8, 2014.

Attorney(s) appearing for the Case

Monterey Campbell and Kristie Hatcher-Bolin of GrayRobinson, P.A., Lakeland, and Steven A. Lessne and Jeffrey T. Kuntz of GrayRobinson, P.A., Fort Lauderdale, for appellant.

Richard L. Williams , Key Biscayne , and John Kirkpatrick , Coral Gables, for appellees.

GERBER, J.

The bank appeals from the Broward County circuit court's non-final order granting the second successor trustee's motion to disburse the proceeds from the sale of the settlor's home. The bank argues that the Broward County court violated the principle of priority when it ordered the disbursement because the sale proceeds already were the subject of the bank's earlier-filed declaratory judgment action filed in the Palm Beach County circuit court. We agree...

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