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IN THE CIRCUIT COURT OF
THE SIXTH
JUDICIAL CIRCUIT IN AND CASE NO. 97-589-ES-003
IN RE: Estate of Lisa McPherson, Deceased. ____________________________________________/
CHURCH OF SCIENTOLOGY FLAG vs. DELL LIEBREICH, as Personal ____________________________________________/
ORDER
THE CAUSE came on to be heard on December 2, 2002 upon the Motion for Turnover of Funds filed herein by Religious Technology Center ("RTC"). Before the court were F. Wallace Pope, Jr.., Esquire, attorney for RTC. Also present were Kennan G. Dandar, Esquire, and Thomas J. Dandar, Esquire, attorneys for the Estate of Lisa McPherson. Inasmuch as this court has earlier this day denied the Motion of Religious Technology Center for Leave to Execute Against Estate Assets and for Turnover Order, this matter is now moot. Accordingly, it is
ORDERED AND ADJUDGED that the Motion for Turnover of Funds filed herein by Religious Technology Center be and the same is hereby denied without prejudice. DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this 1 6 day of December 2002.
/s/ _____________________________
George W.
Greer
Copies sent via fax to avoid delay
to: Copies mailed to: Sandy Weinberg, Jr., Esquire Steven L. Hearn, Esquire William Rambaum, Esquire Anthony Battaglia, Esquire
2
[SECOND ORDER--WEBMASTER]
IN THE CIRCUIT COURT OF
THE SIXTH
JUDICIAL CIRCUIT IN AND CASE NO. 97-589-ES-003 IN RE: Estate of Lisa McPherson, ______________________________________________I CHURCH OF SCIENTOLOGY FLAG vs. DELL LIEBREICH, as Personal ______________________________________________/ ORDER
THE CAUSE came on to be heard on December 2, 2002 upon the Motion of Religious Technology Center for Leave to Execute Against Estate Assets and for Turnover Order. Before the court were F. Wallace Pope, Esquire, attorney for Religious Technology Center ("RTC"). Also appearing on behalf of the Estate of Lisa McPherson ("Estate") were Kennan 0. Dandar, Esquire and Thomas J. Dandar, Esquire. By its Motion, RTC is seeking to have this court, pursuant to Florida Statute Section 733.706, allow execution of its judgment against the wrongful death action currently pending in another division of this court and what bas been classified by RTC as the "Minton money". The Estate asserts that the wrongful death claim can not be assigned and that, in any event, to permit execution by RTC would give it some preferential treatment. After hearing argument of counsel and reviewing the case law submitted, the court makes the following findings of fact and conclusions of law. The judgement RTC holds arose in the state of Texas and has been domesticated in the state of Florida. It is the subject of litigation and appeal pending in other courts. However, this court previously ruled that RTC is an interested party and as such may proceed. There is now pending and set for hearing later this month a Motion for Stay which, based upon the ruling on that
1 Motion, may or may not render moot this order. In any event, the court will consider the Motion for Stay when it is appropriately argued. The general rule is that at common law an assignment of a cause of action for personal injuries was not permitted. Clar v. Dade County, 116 So. 2d 34 (Fla. App. 3 Dist. 1959). RTC asserts that inasmuch as the wrongful death action is a creature of statute, the general rule against assignment and hence against execution does not apply. The Estate, on the other hand, argues there is no such distinction, that wrongful death actions are as personal as a common law tort. Notwithstanding that argument, the court is very concerned that the wrongful death act empowers and requires the Personal Representative to assert not only the claims of the Estate but also the claims of the survivors of the decedent. Accordingly, that cause of action encompasses more than the interest of this estate. In its Supplemental Memorandum received by the court on December 5, 2002, RTC argues that the death of Fanny McPherson prior to judgment means that her estate has no interest in the wrongful death suit. That, however, is for another court to decide. Turning next to the "Minton money", the ownership of those funds has been the subject of protracted litigation in three separate divisions of the Sixth Circuit for much of 2002. This court is unaware of any ruling which establishes that those funds are the property of this estate. Argument on this motion is not sufficient to permit this court to usurp the prerogative of the other circuit judges who have beard extensive testimony on this issue. Since this court is ruling that the wrongful death cause of action is not something which can be assigned and therefore not executed upon, and that a clear showing of entitlement has not been made as to the "Minton money", there is no need for this court to address the issue of preferential treatment of RTC in this matter. Accordingly, it is ORDERED AND ADJUDGED that the Motion for Leave to Execute Against Estate Assets and for Turnover Order be and the same is hereby denied. DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this 6 day of December 2002.
/s/ _____________________________
George W. Greer 2
Copies sent via fax to avoid delay
to: Copies mailed to: Sandy Weinberg, Jr., Esquire Steven L. Hearn, Esquire William Rambaum, Esquire Anthony Battaglia, Esquire 3
[THIRD ORDER--WEBMASTER]
IN THE CIRCUIT COURT OF
THE SIXTH
JUDICIAL CIRCUIT IN AND CASE NO. 97-589-ES-003 IN RE: Estate of Lisa McPherson, ____________________________________________/ CHURCH OF SCIENTOLOGY FLAG vs. DELL LIEBREICH, as Personal
ORDER THE CAUSE came on to be heard on November 13, 2002 upon Robert Minton's Petition for Appointment of Administrator as Litem, and the Personal Representative's Motion to Dismiss that petition. Before the court were Anthony S. Battaglia, Esquire, attorney for Robert Minton and Thomas I. Dander, Esquire, appeared for the Estate of Lisa McPherson. After receiving extensive documentary evidence in support of the Petition and after bearing excellent argument of counsel, the court finds that the claim of Robert Minton is clearly contingent upon a successful resolution of the wrongful death suit. Therefore, Robert Minton is not an interested party and accordingly has no standing herein. Estate of Shaw, 340 So. 2d 491 (FIa. App. 3d Dist1975). Based thereupon, it is ORDERED AND ADJUDGED that the Robert Minton's Petition for Appointment of Adminislrator ad Litem be and the same is hereby denied. DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this 6 day of December 2002.
/s/ _____________________________
George W. Greer
Copies sent via fax to avoid delay
to:
1
Copies mailed to: Sandy Weinberg, Jr., Esquire Steven L. Hearn, Esquire William Rambaum, Esquire F. Wallace Pope, Jr., Esquire 2
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Life and Death of Lisa McPherson