Mirabile v. Mirabile


This case was litigated in four courts: State Court, Probate Court, Bankruptcy Court and the Court of Appeals. Lan Kennedy-Davis represented Defendant in Probate Court and Bankruptcy Court. This action involves a family dispute. Plaintiff was a former judge and father who sued Defendant, his daughter, in state court for exploitation of a vulnerable adult under Florida Statute 415.102(7)(a)1 and (b). Plaintiff’s attorney was his son. After trial, the Court entered a final judgment in favor of the father and Defendant was ordered to pay more than $177K. Defendant then appealed and lost. While Lan Kennedy-Davis did not represent Defendant in the actions in State Court or the Court of Appeals, the Defendant hired her after losing the appeal. Defendant maintained that she had been a victim of injustice and that her father was not a vulnerable adult, and even if he was, her brother, an attorney and their father’s protégé, was in constant communication with their father and closely handled and monitored all of his affairs, and would never permit her or anyone to exploit their father. Ms. Mirabile felt that her attorney in the state court action had failed to conduct thorough discovery to support her contention. She was adamant that there was a “smoking gun.” The father later died, and the brother filed the will, which appointed him as the Personal Representative and was signed well after the state court had made a finding that their father was a vulnerable adult. Lan Kennedy-Davis filed a petition in bankruptcy and a petition for revocation of probate on behalf of Ms. Mirabile and engage in discovery. As anticipated, to defend the appointment of himself as the personal representative, her brother produced records that he had failed to produce in the state court action, which demonstrated that he closely handled all of his father’s affairs and argued that he should be the personal representative, and therein lied the smoking gun that Defendant sought. The Bankruptcy Court ordered the matter back to state court to address her father and brother’s misconduct. Defendant was relieved of any and all obligations to pay the final judgment
 
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