Florida Breach of Fiduciary Duty Liability
Often we find articles on other blogs that may be of great interest to our readers. Flprobatelitigation.com has recently written a great review of a recent Florida probate Case. This case should be of particular interest to Florida estate planning lawyers, Florida probate lawyers, and even Florida Business lawyers.
This case could have broad implications on the statute of limitation dealing with Florida business law, Florida estate planning, and Florida probate, as there are often fiduciary duties that are created.
Although the set of facts in this case dealt with Probate, its not unreasonable to see courts considering this line of thinking in other areas were there is a breach of a fiduciary duty.
In Kravitz v. Levy Fla 2007 WL 2480538 (Fla. 4th DCA Sep 05, 2007)
The court found that even after 41 years, the Continuing torts doctrine allowed a family the opportunity to recover from a PR when they discovered the PR had breached his fiduciary duty to the family. The court reasoned that the statute of limitations did not begin to run until the PR died, which was when the issues were discovered.
