Legal Opinion

Brown v. Miller

District Court of Appeal of Florida

Decided October 17, 2008No. 5D07-1288, 5D07-1356PublishedCited by 1 opinion

1Opinion of the CourtEvander, J.

This is an appeal from a partial summary judgment order invalidating a transfer of over seven million dollars from the Elinor Estes Miller Trust to the Thomas W. Miller, Jr., Trust (“Bill Miller Trust”) and directing that such monies be held in constructive trust for the benefit of the Elinor Estes Miller Trust and its remain-derman, Thomas W. Miller, III, (“Tom”). We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii).

Thomas W. Miller, Jr. (“Bill”) was the trustee and lifetime beneficiary of a trust established by his wife, Elinor Miller. Upon Elinor’s death…

2Cases cited9 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Connecticut Bank & Trust Co. v. LymanSupreme Court of Connecticut · 1961
  3. Knauer v. BarnettSupreme Court of Florida · 1978
  4. Gallagher v. DupontDistrict Court of Appeal of Florida · 2005
  5. FLA. NAT. BANK OF PALM BEACH CTY. v. GenovaSupreme Court of Florida · 1984

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3Cited by1 opinion

  1. Margaret Green A/K/A Peggy M. Green, Individually, and in Her Capacity as General Partner of Big Oaks Ranch Limited Partnership, and in Her Capacity as Trustee of the Quentin L. Green Living Trust Dated February 19, 2015, and the Estate of Quentin L. Green v. Richard B. Green and Raymond M. Green, in Their Capacity as Limited Partners Of, and Derivatively For, Big Oaks Ranch Limited Partnership, and in Their Capacity as Beneficiaries of the Quentin L. Green Living TrustFlorida Fifth District Court of Appeal · 2026

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