United States Eleventh Circuit

In case involving application of state law in federal bankruptcy proceedings, the following questions are certified to the Florida Supreme Court: 1) whether, under Florida Statutes section 689.07(1) as it existed before its 2004 amendment, a recorded real estate conveyance deed to a named trustee of a private express trust identified in the deed, conveys only legal title to the property in trust to the grantee as trustee; and if the answer to question 1) is no, 2)whether the 2004 statutory amendment to section 689.07(1) applies retroactively to the Deed in this particular case and causes it to convey only legal title to the grantee in trust.

Appellate Information

• Decided 11/28/2006
• Published 11/28/2006

Judges

• PER CURIAM:, Before EDMONDSON, Chief Judge, and BARKETT and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• John R. Beranek, Ausley & McMullen, Tallahassee, FL, for Plaintiffs-Appellants., John H. Pelzer, Ruden, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, FL, Morris Gary Miller, Ruden, McClosky, Smith, Schuster & Russell, P.A., West Palm Beach, FL, for Menotte., John W. Little, III, Brigham Moore, West Palm Beach, FL, for Amicus Curiae.