Douglas K. Raborn v. Deborah C. Menotte

                                                          [DO NOT PUBLISH]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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