CHARLES FISHMAN AND ISABELLE FISHMAN, PETITIONERS,
v.
EDWARD W. EASTON, TRUSTEE, RESPONDENT
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PER CURIAM.
We treat this appeal as a petition for writ of certiorari, grant the petition, and quash the order of abatement entered by the trial court. In our view the petitioners are entitled to proceed against the trustee-owner, respondent herein, in this tort action without necessarily joining the individual beneficiaries of the trust for whom the trustee holds title. Cf. Grammer v. Roman, 174 So. 2d 443 (Fla. 2d DCA 1965). We also believe the trial court erred in refusing to permit discovery of the identity of the beneficiaries. In this instance, by refusing to allow the petitioners to discover the identity of the beneficiaries from the trustee, and yet barring prosecution of the action without joinder of those beneficiaries, the trial court placed the petitioners in an impossible situation.
HERSEY, C.J., and ANSTEAD and WALDEN, JJ., concur.
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Citator
Cited By
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Regis Corp. v. The Fusco Corp., 496 So. 2d 833 (Fla. 2d DCA 1986)…So. 2d 244, 246 (Fla. 2d DCA 1985), petition for review denied, 486 So. 2d 597 (Fla.1986); Tompkins Land and Housing, Inc. v. White, 431 So. 2d 259, 260 (Fla. 2d DCA 1983). See also, Jones v. Florida Department of Health and Rehabilitative Services, 475 So. 2d 1019, 1020 (Fla. 2d DCA 1985). In the order on liability, the predecessor judge ruled that Regis was entitled to an injunction which would prohibit Fusco from entering into any new lease for space in the mall with any business operating a beauty salon i…
Authorities Cited
- Grammer v. Roman, 174 So. 2d 443 (Fla. 2d DCA 1965)