Gulotty v. Estate of Wilkie
Gulotty v. Estate of Wilkie
Opinion of the Court
The application for mandamus, Case No. 89-1099, is received by this court as a motion to enforce its mandate in Gulotty v. Estate of Wilkie, Case No. 88-325, and is granted.
In the latter proceeding reported at 532 So.2d 1335 (Fla. 3d DCA 1988), this court affirmed the trial court’s judgment but remanded for leave for the plaintiff to state a cause of action against Wilkie under a theory arising from Wilkie’s responsibility as trustee of a dissolved corporation.
For the foregoing reason, the trial court’s order entered April 10, 1989 was contrary to our mandate and consequently is vacated with directions to permit the amended complaint to advance in further proceedings.
It is so ordered.
. If Wilkie commingled corporation funds with personal funds, remaining corporation funds could be reached as against the estate of Wilkie since the decedent would have held those funds in a fiduciary capacity. See Beke v. Molnar’s Estate, 82 So.2d 595 (Fla. 1955); Hodges v. Logan, 82 So.2d 885 (Fla. 1955); § 607.301, Fla. Stat. (1987).
. Arky, Freed was decided December 22, 1988 after our original decision in Gulotty v. Estate of Wilkie, which was released November 1, 1988.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.