Legal Opinion
Ashton v. Josephine Bay Paul & C. Michael Paul Foundation, Inc.
Court of Appeals for the Second Circuit
Decided November 16, 1990No. 414, Docket 90-6199PublishedCited by 7 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Appellants, two of seven defendants in this federal interpleader action, appeal from Judge Sprizzo’s order enjoining them from proceeding with an estate accounting in a Florida probate court. We conclude that the statutory standards for interpleader jurisdiction under 28 U.S.C. § 1335 have been met and that the so-called “probate exception” to federal jurisdiction does not require abstention. We therefore affirm the injunction as within the discretion of the district court.
BACKGROUND
In 1980, C. Michael Paul (“C.M. Paul”), a resident of Palm Beach County, Florida, died,…
2Cases cited13 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- State Farm Fire & Casualty Co. v. TashireSupreme Court of the United States · 1967
- Markham v. AllenSupreme Court of the United States · 1946
- Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
- New York Life Insurance Co. v. Connecticut Development Authority and Minority Equity Capital Corp., and Rupert C. SterlingCourt of Appeals for the Second Circuit · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ashton v. The Josephine Bay Paul And C. Michael Paul Foundation, Inc.Court of Appeals for the Second Circuit · 1990
- Reliance National Insurance Co. v. Great Lakes Aviation, Ltd. v. Arny BergerCourt of Appeals for the Seventh Circuit · 2005
- Van Curen v. Great American Insurance (In Re Hat)United States Bankruptcy Court, E.D. California · 2007
- Monahan v. HolmesDistrict Court, D. Connecticut · 2001
- Heller Financial, Inc. v. Prudential Insurance Company of America v. Key Corporate Capital, Inc.Court of Appeals for the Seventh Circuit · 2004
2 more not listed; retrieve them via the Exa API.