Parker v. Parker

• Decision Date: 03 February 2016
• Docket Number: No. 4D14–666.,4D14–666.
• Citation: 185 So.3d 616
• Parties: Joe R. PARKER, Jr., Eddie Shelton Parker, David Parker and Cornel Parker, Appellants, v. Sean Cornelius PARKER, Joan Parker, Kevin Parker and Parkersquest, LLC, a Florida Limited Liability Company, Appellees.
• Court: Florida District Court of Appeals

185 So.3d 616

Joe R. PARKER, Jr., Eddie Shelton Parker, David Parker and Cornel Parker, Appellants,
v.
Sean Cornelius PARKER, Joan Parker, Kevin Parker and Parkersquest, LLC, a Florida Limited Liability Company, Appellees.

No. 4D14–666.

District Court of Appeal of Florida, Fourth District.

Feb. 3, 2016.

John K. Buckley, Delray Beach, for appellants.

Adam D. Kemper and Mitchell D. Adler of Greenspoon Marder, P.A., Fort Lauderdale, for appellees.

KLINGENSMITH, J.

Appellants and appellees are embroiled in a lawsuit that was initiated to set aside conveyances of property by their late father and husband, Joe Parker, Sr. (the "decedent"). Appellants have appealed the trial court's final order dismissing their complaint with prejudice for failure to join the decedent's estate as an indispensable party to the action pursuant to section 733.607, Florida Statutes. Because the decedent transferred the subject properties prior to his death, we hold that the estate is not an indispensable party under this provision, and reverse the trial court's dismissal of the action.

After being advised of his terminal medical condition, and fifteen days before his death in September 2006, the decedent and his wife, Joan Parker,¹ transferred title to

185 So.3d 618

a total of seven properties—three to their son Sean Cornelius Parker, and four to an entity called Parkersquest, LLC. Parkersquest was created on the day the warranty deeds were executed, and was founded and solely owned by Sean. The decedent and Joan had one other son together, named Kevin.

Seven months later, Joe R. Parker, Jr., Eddie Shelton Parker, David Parker, and Cornel Parker, the decedent's children from other relationships, sued their half-brothers Sean and Kevin, their stepmother Joan, and Parkersquest to set aside each of the warranty deeds. Their allegations included tortious interference with inheritance, unjust enrichment, and replevin to recover the properties as well as certain personal possessions and documents belonging to the decedent which were necessary to administer his estate.

The trial date for this action was set and reset numerous times over the next three years. In November 2010 the trial court removed the case from the trial calendar, and ordered appellants to proceed with the opening of an estate for the decedent, but did not order that appellants join the estate in the suit. Another three years went by until September 2013, when appellees filed a motion to dismiss for failure to join the estate. Appellees argued that the decedent's estate was an indispensable party under section 733.607, and that appellants lacked standing for failure to join it in the action. The trial court granted appellees' motion to dismiss with prejudice for failure to join indispensable parties and denied appellants' ore tenus motion to amend.

Appellants filed multiple motions for relief shortly thereafter. In pertinent part, appellants notified the trial court that they had opened the estate since the time the motion to dismiss was granted, and requested permission once again to amend the complaint. Specifically, they...