Florida's Third District Court of Appeal has rejected an attorney's claim to her father's estate and properties in Coconut Grove.

The appellate court affirmed the final judgment issued against Adeena Weiss Ortiz in Miami-Dade Circuit Court. The underlying case concerned the complaint entered by Ortiz — who lives and works in Chicago but is licensed to practice law in Florida — against her mother Caroline Weiss, her sister Alitza's trust and other parties in May 2014.

The amended complaint filed in July 2016 charged Ortiz's mother with fraudulently transferring property to make herself the sole titleholder. The estate, which comprises a house and seven lots on Royal Road in Coconut Grove, includes bayfront property and was left behind by Ortiz's father and Weiss' late husband Jack.

According to the Third DCA's opinion, the deceased man was a Miami-based attorney who bought the land with Weiss in 1973.

Ortiz contended in her lawsuit that JAAC Inc., the Florida corporation used to purchase the properties, stood for "Jack-Adeena-Alitza-Caroline" and that "each Weiss family member was a 25% shareholder," according to Thursday's order. The appeals court noted the plaintiff testified "she had no physical shares, no tax returns, and no other documents confirming such an interest," and had never financially contributed to the property with regards to property taxes, insurance or maintenance.

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Read the opinion:

Ortiz appealed to the Third DCA after a Nov. 14, 2018 order granting summary judgment was entered against her in Miami-Dade Circuit Court. The appellate panel found no error in the trial court's judgment and concluded Florida's laws concerning the statute of limitations for probate proceedings were correctly applied.

"Ms. Ortiz initiated her claims over 18 years after her father's death," the opinion said, noting the plaintiff's father died in 1995. "Under any scenario, Ms. Ortiz's claim against the estate or her mother, as personal representative or beneficiary, would have to have been filed within the two-year period following the father's death (i.e., by Feb. 21, 1997)."

Neither Ortiz nor her appellate counsel — Elliot B. Kula, Ashley P. Singrossi, and William D. Mueller with Miami appellate firm Kula & Associates — immediately returned requests for comment.

Schlesinger Law Group founder Michael J. Schlesinger represented Weiss and her former husband's estate in both trial and appellate court. He said the dispute was an unfortunately long battle he and his client were thankful to see resolved.

"We believed from the start that this lawsuit was untimely and lacked merit," Schlesinger said. He added Weiss will be looking to develop the properties in light of the litigation's conclusion.

"[Weiss] is a tough lady, and had to put up with a lot over the years from this lawsuit," the  attorney said. "She wants to move on."

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