USCA11 Case: 20-10110 Date Filed: 06/29/2021 Page: 1 of 12 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-10110 ________________________ D.C. Docket No. 1:18-cv-22974-FAM DIANE FISHER, Plaintiff-Appellant, versus PNC BANK, N.A., PNC INVESTMENTS, LLC, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (June 29, 2021) Before MARTIN, GRANT, and BRASHER, Circuit Judges. BRASHER, Circuit Judge: The question in this appeal is whether the district court properly dismissed Diane Fisher’s complaint under the probate exception to federal diversity USCA11 Case: 20-10110 Date Filed: 06/29/2021 Page: 2 of 12 jurisdiction and for lack of standing. Fisher sued PNC Bank, N.A. and PNC Investments, LLC for mishandling an investment account that belonged to Fisher and her deceased mother. The district court sua sponte ordered briefing on the probate exception to federal diversity jurisdiction, concluded that Fisher was “attempting to circumvent the normal probate process by bringing an individual claim against PNC Bank,” and dismissed the case. For similar reasons, the district court also held that Fisher had no standing to sue. After careful consideration and with the benefit of oral argument, we disagree with the district court on both issues. Because we conclude that neither the probate exception nor standing doctrine divests the district court of jurisdiction over this lawsuit, we reverse and remand for further proceedings. I. BACKGROUND Because this case has not advanced beyond the pleading stage, we accept the factual allegations in Fisher’s complaint as true and construe them in the light most favorable to her. See Worthy v. City of Phenix City, Ala., 930 F.3d 1206, 1214–15 (11th Cir. 2019) (citing La Grasta v. First Union Sec., Inc., 358 F.3d 840, 845 (11th Cir. 2004)). Fisher and her mother, Rose Charlap, co-owned an investment account with the Royal Bank of Canada. Both women were account holders, and Fisher was the designated emergency contact on the account. Charlap contacted PNC about 2 USCA11 Case: 20-10110 Date Filed: 06/29/2021 Page: 3 of 12 securing a $100,000 loan to assist her son Alan. Alan had recently been convicted of fraud and theft, and Charlap wanted to give him some help to keep him out of jail. To arrange the $100,000 loan, Charlap transferred the RBC investment account to PNC. At the time of the transfer, Charlap was in poor mental and physical health, and she needed assistance managing the account. Upon transferring her assets to PNC, Charlap notified the bank that the investment account included over $150,000 belonging to Fisher that had been entrusted to her. She instructed the bank that Fisher was to remain a co-owner and emergency contact on the investment account, just as she had been on the RBC account. Even though PNC representatives confirmed that Fisher would be on the account, PNC actually removed Fisher from the account without informing her or Charlap. After transferring the RBC account to PNC, Charlap traveled to Florida to see her son Alan. Not long after Charlap’s arrival, …
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