Snider v. Metcalfe, Trustee Did Not Waive Lack of Personal Jurisdiction in Suit by Beneficiary

Jenna Rubin summarizes Snider v. Metcalf, in the District Court of Appeal of Florida, Fourth District, where the Court held that even though the trustee of the trust at issue did not assert lack of personal jurisdiction in her original motion to dismiss a beneficiary’s complaint for breach of trust, because she raised it in a subsequent amended motion to dismiss, she did not waive the defense.  Ms. Rubin noted that, interestingly, the Court held that neither filing a notice of intent to use trust funds to pay the trustees attorneys fees nor the filing of two responses to discovery requests amounted to “submission to the courts jurisdiction” or requests for affirmative relief sufficient to waive the defense of lack of personal jurisdiction.

Read full summary at Rubin on Probate Litigation: Snider v. Metcalfe.

Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.