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Líneas disponibles 24 horas al día, 7 días a la semana
Se Habla Español
Líneas disponibles 24/7
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APPELLATE VICTORY May 29, 2026
Zoecklein Law obtained an affirmance from Florida’s Second District Court of Appeal on behalf of Kim L. Elliott, as personal representative of the Estate of Sally A. Napuunoa. Joel and Tammy Schiro—judgment creditors of the decedent—argued that the decedent’s residence, titled in the Sally A. Napuunoa Trust, should be sold to satisfy their judgment claims. The Second District agreed with the trial court (Hillsborough County, Judge Caroline Tesche Arkin) that the property qualified as protected homestead under Article X, § 4 of the Florida Constitution because the decedent retained a revocable interest in the trust property, and that homestead protection inured to her three adult children upon her death—shielding the property from the Schiros’ creditor claims. The opinion (Silberman, J., with Morris and Black, JJ., concurring) cited Engelke v. Estate of Engelke, 921 So. 2d 693 (Fla. 4th DCA 2006); Havoco of America, Ltd. v. Hill, 790 So. 2d 1018 (Fla. 2001); Snyder v. Davis, 699 So. 2d 999 (Fla. 1997); and Knadle v. Estate of Knadle, 686 So. 2d 631 (Fla. 1st DCA 1996). Marley Dodd of Zoecklein Law represented the appellee. Case No. 2D2025-2366.
APPELLATE VICTORY February 6, 2026
The Circuit Court of the Tenth Judicial Circuit granted our clients’ Motion for Partial Summary Judgment, awarding Sherry Prevoznik and Charles Anderson $1,750,000 in damages for conversion against Jason Penrod, individually and as Trustee of the David D. Anderson Living Trust. The court also removed Penrod as trustee and awarded plaintiffs entitlement to attorney’s fees and costs under Fla. Stat. § 736.1004.
Penrod, the former owner of Family Elder Law in Polk County, had admitted to misappropriating client trust funds and gambling them away. He later pleaded guilty to two counts of grand theft and 19 counts of money laundering and was sentenced to 25 years in prison followed by 15 years of probation. The Florida Bar permanently revoked his license.
Result: $1,750,000 summary judgment for conversion — trustee removed — defendant later sentenced to 25 years in prison.
Attorney Brice Zoecklein was quoted in WFLA News Channel 8’s coverage of the criminal prosecution of disbarred Polk County attorney Jason Penrod, who faced 32 money laundering and grand theft charges after admitting to gambling away $1.7 million in client trust funds. Zoecklein represented the family of one of Penrod’s victims in the civil lawsuit that preceded the criminal case and was interviewed about the scope of the misconduct.
Zoecklein Law represented Rachelle Kavanaugh, the surviving spouse of decedent Christopher Scott Kavanaugh, in a successful appeal to the Fifth District Court of Appeal. The trial court had appointed the decedent’s mother as personal representative of the intestate estate, bypassing the wife’s statutory preference under Section 733.301(1)(b), Florida Statutes.
The Fifth DCA reversed, holding that the record failed to demonstrate the surviving spouse was disqualified or otherwise unfit to serve. The court remanded with instructions to vacate the mother’s appointment and appoint Rachelle Kavanaugh as personal representative of the estate.
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