Douglas K. Raborn v. Deborah C. Menotte , 280 F. App'x 835 ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
_____________________________U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 3, 2008
No. 05-16260
_____________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 04-81186-CV-DTKH & 01-134529-BKC-SH
DOUGLAS K. RABORN,
Debtor,
__________________________________________________________________
DOUGLAS K. RABORN,
RICHARD B. RABORN,
ROBIN RABORN,
Plaintiffs-Appellants,
versus
DEBORAH MENOTTE, Trustee,
Trustee in Bankruptcy for Douglas K. Raborn,
Defendant-Appellee.
_________________________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________________________
(June 3, 2008)
Before EDMONDSON, Chief Judge, BARKETT and COX, Circuit Judges.
PER CURIAM:
In this case, a Bankruptcy Trustee has tried to include some land in the
bankruptcy estate of Douglas K. Raborn. But the land had come to Douglas K.
Raborn in a document entitled “Conveyance Deed to Trustee Under Trust
Agreement,” and the document purports to convey the land to “Douglas K.
Raborn, as Trustee under the Raborn Farm Trust Agreement dated January 25,
1991.” A dispute arose about whether the land could be lawfully included in
Raborn’s bankruptcy estate. The Bankruptcy Trustee argued “Yes”; and he
prevailed in the District Court.
On appeal, we faced an issue of state law—the meaning of the
conveyance—that we considered outcome determinative. Setting out the
background in some detail, we certified the state law issue to the Supreme Court
of Florida. In re Raborn, 470 F.3d 1319 (11th Cir. 2006).
The Supreme Court of Florida clarified the applicable state law for us. See
Raborn v. Manotte, 974 So. 2d 328 (Fla. 2008) (holding that the deed in question
conveys the land in trust, not fee simple).
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In the light of the Florida opinion, we conclude that the pertinent land
cannot be part of the bankruptcy estate. Therefore, we vacate the grant of
summary judgment to the Bankruptcy Trustee and remand for further proceedings.
VACATED and REMANDED.
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