Legal Opinion

Christine Swistock Flegal, Amy Swistock, Peggy S. Keeshin and Nancy Swistock Snyder v. Guardianship of Peter R. Swistock, Sr.

District Court of Appeal of Florida

Decided July 15, 2015No. 4D13-4410PublishedCited by 7 opinions

1Opinion of the CourtMay, J.

Due process and a family dispute over stock shares are at the center of this appeal. Four sisters appeal orders entered in a guardianship. They argue that their property, stock shares, was taken without due process. We agree in part and reverse in part.

The father and ward had five daughters and two sons. Four daughters lived out-of-state; the fifth daughter lived in Florida, as did the father. A dispute arose between the four out-of-state daughters and their father over 39,668 shares in Omega Bank. When First National Bank (“FNB”) purchased Omega Bank, it issued new share certificates to the…

2Cases cited6 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. KEY CITIZENS FOR GOV., INC. v. Florida Keys Aqueduct Auth.Supreme Court of Florida · 2001
  3. Harreld v. HarreldDistrict Court of Appeal of Florida · 1996
  4. VMD Financial Services, Inc. v. CB Loan Purchase Associates, LLCDistrict Court of Appeal of Florida · 2011
  5. Anderson v. Sun Trust Bank/NorthDistrict Court of Appeal of Florida · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Federal National Mortgage Association v. Astrid Sanchez, Botanica/Sea Plum Master Association, Inc., Sandpiper Cove at Botanica Condominium Association, Inc., and Carlos NavasDistrict Court of Appeal of Florida · 2016
  2. HARVEY MICHAEL HILL v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  3. JESSICA SERNA v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  4. Bank of America, N.A. v. Michael N. Fogel and Rita FogelDistrict Court of Appeal of Florida · 2016
  5. ELIZA WATTIEZ v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2022

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