A 19-year-old man suing former Collier County School Board member Nelson Faerber’s estate will have his $10 million federal lawsuit thrown out because of a state appeals court ruling issued Wednesday in the probate case, attorneys representing Faerber’s estate said.

John Doe’s federal lawsuit, filed in April 2005, alleges that Faerber, who was a criminal defense attorney, sexually assaulted him for four years. The lawsuit in U.S. District Court in Fort Myers was filed against Faerber’s estate, the Collier County School District, Faerber’s wife, and his former law firms.

The allegations against the other defendants may go ahead, although each has filed a motion to dismiss the case. But attorneys representing Faerber’s side of the case said the state ruling means the federal lawsuit against the estate will eventually be dismissed because the man’s claim in the probate case wasn’t filed in time.

The appeal was in the probate case in Collier County Circuit Court. The lawsuit was filed in federal court, which is separate. But in order to collect on any lawsuit, a legal claim must be made in the state probate case.

“Obviously, my client is there to protect these children, so we’re thrilled,” Robert Goldman, a lawyer representing Faerber’s trustee, said. “We certainly wish the best for this gentleman, but we think this is the sound decision.”

The man is identified in court records as John Doe and by his initials because of the sexual nature of the case. He was the person identified as the victim in the criminal case against Faerber, who committed suicide in July 2004 before he could be brought to trial.

Jeffrey Herman, a Miami attorney representing the man, said he’ll ask the appeals court to reconsider its decision. He said the opinion didn’t address one of his central legal arguments.

“This is just the first step. We’ll continue to battle,” Herman said.

After Faerber’s death, the man filed the federal lawsuit seeking financial compensation for years of sexual abuse, which allegedly began in 1997 when he was 12.

The ruling by the 2nd District Court of Appeal, based in Lakeland, is very technical and, based on the timing in which the man filed his claim against Faerber’s estate and trust, believed to be worth several million dollars.

After Faerber died, state law required Faerber’s personal representative to publish notice in the newspaper to any would-be creditors who could stake a claim to assets in the estate or trust. The notice must indicate the deadline for creditors to file their claims. Faerber’s personal representative is his brother, Karl Faerber.

Also, any specific creditors who the brother could reasonably be aware of that has a claim against the estate must receive a certified letter about the pending probate case. They also have a deadline to respond.

But the man filed his claim — and the lawsuit — months after the deadline elapsed. He never received such a letter, and the attorneys for Faerber argued he wasn’t entitled to such notice because Karl Faerber had no reason to know the man intended to file a claim.

In a hearing the day the lawsuit was filed, Collier Circuit Judge Hugh Hayes granted the man’s motion to extend the deadline. The judge ruled Karl Faerber should have been aware the claim was coming and should have received notice. Nelson Faerber left numerous letters and suicide notes behind, and in some he wrote he anticipated civil lawsuits against his estate after his death.

But Hayes issued the ruling solely based on the complainant’s attorney’s word. There was no evidence or testimony offered to show how Karl Faerber should have known about the possible suit or how he would have even contacted the man.

“The alleged victim was going under an alias, and any attempt to undo that alias during Nelson’s lifetime would be committing a crime,” Goldman said.

The attorneys for the estate and trust objected to Hayes’ ruling and appealed. And they won.

“The claim is simply tardy and no good,” Goldman said.

Goldman said virtually all Faerber’s assets were in his trust, which listed his three children as beneficiaries. The appeals court decision instructs Hayes to issue an order barring the man’s claim. And Florida law says a person can’t pursue an independent claim — such as in a lawsuit — if he didn’t file a timely claim to begin with.

“I’m very happy for the entire family. This takes away a blot on Nelson’s reputation as a person, and it takes away a huge stress on not only the children but his mother, brothers and sisters,” Ted Zelman, an attorney representing Karl Faerber, said.

The lawsuit alleged sexual conduct between Faerber and John Doe took place during school hours and during out-of-state trips together. Faerber allegedly met the pre-teenager through his son’s Little League team.

Faerber was a prominent criminal defense attorney who served for 14 years on the Collier County School Board.

Faerber had pleaded innocent to the charges and vowed to fight them. But he committed suicide under the strain of the criminal charges, which could have led to a life prison sentence.

“When Nelson was alive, he always denied the allegations against him, and in this lawsuit the estate has always vigorously denied the allegations against Nelson as well,” Zelman said.

Herman may appeal the decision to the Florida Supreme Court. He said he also may file a new petition asking to enter a claim on the estate.

“There are many avenues to pursue,” Herman said.

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