Filed: Feb. 23, 2015
Latest Update: Feb. 23, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Plaintiff/Counter Defendant Carole Davis's Agreed Motion to Distribute Interpleader Funds ( Doc. #44 ) filed on February 9, 2015. On September 26, 2014, the Court granted in part ( Doc. #38 ) the Defendant Jackson National Life Insurance Company's Motion for Interpleader and directed Jackson National Life to deposit $500,000.00 into the Court's registry. Jackson National Life was subsequently dismissed
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Plaintiff/Counter Defendant Carole Davis's Agreed Motion to Distribute Interpleader Funds ( Doc. #44 ) filed on February 9, 2015. On September 26, 2014, the Court granted in part ( Doc. #38 ) the Defendant Jackson National Life Insurance Company's Motion for Interpleader and directed Jackson National Life to deposit $500,000.00 into the Court's registry. Jackson National Life was subsequently dismissed f..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Plaintiff/Counter Defendant Carole Davis's Agreed Motion to Distribute Interpleader Funds (Doc. #44) filed on February 9, 2015. On September 26, 2014, the Court granted in part (Doc. #38) the Defendant Jackson National Life Insurance Company's Motion for Interpleader and directed Jackson National Life to deposit $500,000.00 into the Court's registry. Jackson National Life was subsequently dismissed from the litigation on November 5, 2014. (Doc. #43).
On January 26, 2015, the Honorable Keith Kyle, Circuit Judge of the Twentieth Judicial Circuit Court in and for Lee County, Florida, issued an Order (Doc. #44-1) approving the proposed settlement of the interpleader funds on behalf of the minor child. The minor child potential had a claim on the $500,000.00 interpleader fund. In his Order, Judge Kyle found it in the best interest of the minor child to approve a proposed settlement of the underlying State Court case involving the interpleader funds deposited in the Court's registry by Jackson National Life. The settlement provided that $100,000.00 would be dispersed to the minor child. The Plaintiff Carole Davis would receive $400,000.00. Judge Kyle noted that "[t]he decedent's intentions, even upon his divorce, were manifested by the marital settlement agreement wherein he promised to so maintain the policy continuing to name Carole Davis as the beneficiary." (Doc. #44-1, p.2).
With the issue having been resolved in the underlying State Court case, the interpleader funds may now be released in accord with Judge Kyle's Order.
Accordingly, it is now
ORDERED:
The Plaintiff/Counter Defendant Carole Davis's Agreed Motion to Distribute Interpleader Funds (Doc. #44) is GRANTED. The Clerk of the Court is hereby directed to disperse the $500,000.00 in the Court's registry as follows:
• $100,000.00 shall be dispersed to the Guardian of the minor child, Carole Davis, on behalf of and for the benefit of the minor child;
• $400,000.00 shall be dispersed to the Plaintiff, Carole Davis, as beneficiary of the decedent's life insurance policy,
DONE and ORDERED.