Bruce Bellingham Wins Appeal in the Florida Fourth District Court of Appeals

Bruce Bellingham Wins Appeal in the Florida Fourth District Court of Appeals

SGRV Senior Litigation Counsel Bruce Bellingham won an appeal for his client, the Estate of Violet Werner, in a case that the adverse party took to the Fourth District Court of Appeals in Florida.

The former husband of the decedent’s daughter claimed he was an “ascertainable creditor” of the estate in the amount of $3,850,000 who had not been served a Notice to Creditors. The personal representative did not consider the former husband a creditor because the decedent did not owe him money. On the contrary, the claimant had defaulted on a $6,204,512 promissory note to the decedent that the claimant used to pay his SEC fine for fraud.

To greatly simplify, the decedent’s former son-in-law alleged that assets he pledged as collateral for the note (insolvent golf courses) were worth more than his defaulted debt, and so his unpaid creditor owed him a balance of $3,850,000. The case also involved several procedural defects, including that the claimant – who attended the decedent’s funeral – missed the 3-month deadline for filing creditor claims. The issue on appeal was whether the probate court erred in denying claimant’s motion to deem his claim as timely filed. The probate court denied the motion because the claimant failed to show that he was a creditor.

Opinion-Disposition (002)

Mr. Bellingham regularly represents several prominent Los Angeles area photographers, and occasionally other photographers, bringing claims against content pirates located in New York, Pennsylvania, and Delaware (with local counsel). He also represents copyright defendants facing infringement claims in which finds defects which often dissuade plaintiffs from litigation.

Mr. Bellingham’s legal work is divided between commercial litigation with an emphasis on dispositive motions and appellate advocacy; copyright infringement work and representation of artists, arts organizations, and content creators; and business advice and contract work generally for small to medium-sized firms and individuals. He has been elected a Super Lawyer by his peers in the field of intellectual property (copyright) in the years 2015-2024.

Spector Gadon Rosen Vinci P.C. has represented clients nationally and internationally for over 50 years and provides counsel and expertise across the entire spectrum of legal practice, from complex litigation to sophisticated transactional and corporate matters. The firm has offices in Philadelphia, New Jersey, Florida, and New York.

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