U.S. Court of Appeals for the Eleventh Circuit, 2011

Fukanova v. Mecerod

Fukanova v. Mecerod
U.S. Court of Appeals for the Eleventh Circuit · Decided May 26, 2011 · Tjoflat, Hull, Kravitch
427 F. App'x 823

Fukanova v. Mecerod

Opinion

PER CURIAM:

In a comprehensive order entered on November 15, 2010, the district court dismissed plaintiffs complaint under Fed. R. Civ. P 12(c) on the ground that plaintiff lacks capacity to bring this action as the executor of the Frank Mecerod Estate. Plaintiff appeals, arguing that the court erred in rejecting her argument that defendant’s challenge to her capacity to sue was waived and in refusing to hold that the Czech Republic Bilateral Investment Treaty rendered inapplicable Georgia’s ancillary probate requirement. For the reasons stated in the district court’s November 15 order, we find no merit in these arguments. The court’s judgment is accordingly

AFFIRMED.

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