ROSENKRANTZ V. FEIT

State: Florida

Court: Florida Third District Court

Docket No: 11-0709

Case Date: 12/14/2011

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2011
Opinion filed December 14, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-709 Lower Tribunal No. 10-15402 ________________

Marjorie Rosenkrantz,
Appellant, vs.

James E. Feit,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Ronald Dresnick, Judge. Arnaldo Velez, for appellant. Arthur J. Morburger, for appellee. Before RAMIREZ, LAGOA, and EMAS, JJ. RAMIREZ, J. Marjorie Rosenkrantz appeals from an order dismissing her complaint for failure to state a cause of action. Because Rosenkrantz's complaint states a claim for declaratory relief, we reverse.

Gertrude Feit executed a Durable Power of Attorney when she began having memory loss. Gertrude named her daughter, Rosenkrantz, and her son, James Feit, as attorneys-in-fact to oversee her financial affairs. Gertrude and James live in Miami-Dade County, Florida. Rosenkrantz, who lives in New York, alleges that her brother refuses fully to account for their mother's assets, and objects to her efforts to obtain information directly from the financial institutions. Rosenkrantz contends that James' actions impair her ability to carry out her responsibilities as a co-attorney-in-fact, and she is in doubt as to her rights under the power of attorney. Rosenkrantz filed the instant action seeking a declaration of her rights, as well as an order for an accounting from James. After one amendment, the trial court dismissed with prejudice Rosenkrantz's complaint for failure to state a cause of action. We review the trial court's order of dismissal for abuse of discretion. See Academy Express, LLC v. Broward Cnty., 53 So. 3d 1188, 1190 (Fla. 4th DCA 2011) ("Generally, the standard of review of a dismissal for failure to state a cause of action is de novo. However, in cases where the complaint seeks

declarative relief, the standard of review is an abuse of discretion." (citations omitted)). Florida's Declaratory Judgment Act,

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