CHARLES GIGLIO AND FLORIDA COAST MIDLANTIC TRUST COMPANY, N.A., AS PERSONAL REPRESENTATIVES OF THE ESTATE OF CARMEN PERRETTA, DECEASED, AND FLORIDA COAST MIDLANTIC TRUST COMPANY, N.A., AS TRUSTEE OF THE CARMEN PERRETTA DECLARATION OF TRUST DATED JUNE 19, 1982, APPELLANTS,
v.
ANNA PERRETTA, APPELLEE

Fla. 4th DCA | 1986-04-02
No. 85-1198
ANSTEAD and WALDEN, JJ„ and CO-WART, EDWARD D., Associate Judge, concur.
493 So. 2d 470 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 4 cases
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Trustee Duties

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon examination of the record and review of the controlling law we conclude that the trial court erred in requiring the trustee to use trust assets to reimburse the guardian of the trust beneficiary for guardianship administration expenses, attorneys fees, and other costs incurred during guardianship. The payment of some of these expenses may have been permitted, at the discretion of the trustee, but such payment was clearly not legally mandated by the trust provisions. Under such circumstances the court has no authority to compel the trustee to make such payments. Cohen v. Friedland, 450 So. 2d 905 (Fla. 3d DCA 1984). In addition, there was no authority for the award of attorneys fees. See Florida Coast Bank of Pompano Beach v. Mayes, 437 So. 2d 160 (Fla. 4th DCA 1983).

Accordingly, we reverse those provisions of the final judgment directing payment of guardianship administration expenses, utility and rental expenses incurred by the guardian and attorneys fees.

ANSTEAD and WALDEN, JJ„ and CO-WART, EDWARD D., Associate Judge, concur.

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Cited By

  • Covenant Tr. Co. v. The Guardianship OF Lillian Ihrman, 45 So. 3d 499 (Fla. 4th DCA 2010)
    …nce of proof that the trustee has failed to perform, or has performed arbitrarily, a court is without authority to remove trust assets [*506] from control of the trustee to be administered by the court or other guardian.” Id. In Giglio v. Perretta, 493 So. 2d 470, 470 (Fla. 4th. DCA 1986), we held the “trial court erred in requiring the trustee to use trust assets to reimburse the guardian of the trust beneficiary for guardianship administration expenses, attorneys fees, and other costs.” We explained that a…
  • Barnett Banks Tr. Co., N.A. v. Hyman, 504 So. 2d 791 (Fla. 4th DCA 1987)
    …tatutory or contractual basis for the award of attorney’s fees. Payment of attorney’s fees was clearly not legally mandated by the trust provisions and thus, the court had no authority to compel the trustee to make such payments. Giglio v. Perretta, 493 So. 2d 470 (Fla. 4th DCA 1986). Reversed and remanded. HERSEY, C.J., and RIVKIND, LEONARD, Associate Judge, concur.…

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