Janet L. Schmidt v. James S. Taylor, Susan Taylor, James R. Taylor, Zachary Joseph Taylor and Mary J. Spear, as nominated personal representative of The Estate of John Joseph Schmidt
The First District affirmed the quashing of service and dismissal of nonresident defendants from a probate adversary proceeding alleging undue influence over the decedent. The trial court found no specific personal jurisdiction because the alleged undue influence and any tortious act occurred outside Florida and the nonresidents neither waived nor consented to jurisdiction. The appellate court found no factual, legal, or procedural error and declined to reweigh the evidence of undue influence.
Key facts
- In a long-running Escambia County probate case, the decedent's sister sought to join James and Susan Taylor — Wisconsin residents and close friends of the decedent — as defendants in a pending adversary proceeding.
- She alleged the elder Taylors unduly influenced the decedent to leave substantial assets to their children, who are also Wisconsin residents.
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Holdings
- A Florida probate court does not acquire specific personal jurisdiction over nonresident defendants merely because the decedent's estate is administered in Florida; the plaintiff must show…
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Why it matters
A reminder that opening a Florida probate estate does not by itself drag out-of-state beneficiaries or their families into Florida courts. Estate and trust litigators who plan to sue nonresidents for undue influence… — full analysis with a trial
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