Legal Opinion

Flanzer v. Kaplan

District Court of Appeal of Florida

Decided November 29, 2017No. Case 2D16-2425Published

1Opinion of the Court

NORTHCUTT, Judge.

The circuit court dismissed Jan Flan-zer’s undue influence suit as untimely. We reverse because Flanzér’s claim may be subject to the delayed discovery provisions of section 95.031(2)(a), Florida Statutes (2015).

Flanzer’s parents, Gloria and Louis Flanzer, settled assets into a philanthropic trust in December 2005. By its terms, the trust became irrevocable at its creation. Louis died in June 2013; Gloria died in March 2015. In November 2015, Flanzer sued to challénge numerous estate planning documents executed by her parents, including the philanthropic trust. Flanzer…

2Cases cited5 opinions

  1. Peacock v. DuboisSupreme Court of Florida · 1925
  2. Geico General Insurance Co. v. HoyDistrict Court of Appeal of Florida · 2013
  3. Faller v. FallerDistrict Court of Appeal of Florida · 2011
  4. In Re Guardianship of RekasisDistrict Court of Appeal of Florida · 1989
  5. Greenberg v. Van DamDistrict Court of Appeal of Florida · 2002

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