![]() ![]() Freis and the Doe defendants for aiding and abetting securities fraud (Thirteenth Count), aiding and abetting fraud (Fourteenth Count), aiding and abetting breach of fiduciary duty (Fifteenth Count), negligent misrepresentation (Sixteenth Count), professional negligence. To read about the 10 top probate mistakes, consider reading John Pankauski’s book Probate Litigation Guide. The third set of counts in the complaint are against attorney Jon H. If you wanted to read more about this topic, consider the 2017 opinion or case of Fonseca v. Fourth, you need to show the aider and abetter’s substantial assistance or encouragement of the wrongdoing. Third, you need knowledge of the breach by the alleged aider and abettor. First, you need to have a fiduciary duty. So, what does aiding and abetting a breach of fiduciary duty mean? A cause of action, or lawsuit, for aiding and abetting a breach of fiduciary duty is comprised of 4 things or elements. A duty owed to someone, a breach of a duty that causes damage. A breach of fiduciary duty exists when you have the following. In this recent appeal case, some lawyers were alleged to have “substantially assisted” the personal representative breaching her fiduciary duty. (For a Septem4th District Court of Appeal opinion involving this legal topic, click HERE.) Miami Dade Probate The court-appointed Personal Representative of the Florida Probate is the plaintiff. In Florida, a wrongful death case is brought on behalf of the estate. The “executor” was alleged to have entered into a loan agreement in exchange for proceeds to be recovered from a wrongful death case. In that case, a Personal Representative of a Florida estate was alleged to have received a loan. The Miami Dade Appeals Court, the 3rd DCA, issued its opinion in Grape Leaf Capital, Inc. Aiding and abetting a breach of fiduciary duty requires you to prove four things. We have previously commented on Breach of Fiduciary Duty under Florida law. If someone helped a fiduciary breach their fiduciary duty, is that someone responsible, too? A Maappeal from Florida’s 3rd District Court of Appeal discusses aiding and abetting a breach of fiduciary duty in Florida. ![]()
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