ARTHUR R. DARCH AND ELIZABETH DARCH, HIS WIFE, AS CO-TRUSTEES OF THE DARCH REVOCABLE TRUST, APPELLANTS,
v.
DELPHI TOWERS CONDOMINIUM ASSOCIATION, INC., ET AL., APPELLEES
ARTHUR R. DARCH AND ELIZABETH DARCH, HIS WIFE, AS CO-TRUSTEES OF THE DARCH REVOCABLE TRUST, APPELLANTS,
DELPHI TOWERS CONDOMINIUM ASSOCIATION, INC., ET AL., APPELLEES
570 So. 2d 1061
Florida District Court of Appeal, Fourth District (1990)
Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a summary final judgment in favor of a condominium association against unit owners over dock space. We reverse and remand, there being genuine issues of material fact as to when the cause of action accrued.
GLICKSTEIN, STONE and WARNER, JJ., concur. ’
BY ORDER OF THE COURT:
ON MOTION TO AMEND
ORDERED that Appellants’ November 29, 1990 Motion to amend order granting attorney’s fees to appellant is hereby granted. Said order is amended to reflect Joel H. Feldman as counsel for appellant in place of Edward R. Rumin.
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Aronson v. Aronson, 930 So. 2d 766 (Fla. 3d DCA 2006)…ust requirements” to complete the conveyance. Appellants argue that the quit claim deed was fatally defective because the Set-tlor had divested himself of legal title to the property when he conveyed it to himself as trustee. See Buerki v. Lochner, 570 So. 2d 1061, 1063 (Fla. 2d DCA 1990)(noting that a trustee is the legal title holder of the trust property). Appellants maintain that, once the Settlor executed a warranty deed transferring his interest in the property to the Trust, legal title to the property…
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Roller v. Collins, 373 So. 3d 35 (Fla. 5th DCA 2023)…, ¶ 17.02 (2d ed. 1984)). As we will explain, Florida law has long recognized that it is generally the trustee, and not a beneficiary, who is the real party in interest with authority to bring an action on behalf of the trust. See Buerki v. Lochner, 570 So. 2d 1061 (Fla. 2d DCA 1990) (holding that the trustee, the legal title holder to the trust property, would be the real party in interest to a suit brought to determine the trust’s assets); see also First Union Nat’l Bank v. Jones, 768 So. 2d 1213, 1215 (Fla.…
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Vocisano v. Vega, 602 So. 2d 680 (Fla. 2d DCA 1992)…hat the real property which was the subject of land trust # 5002 was never intended to be the security for the mortgage. To this extent only, Vocisano will gain or lose by the direct legal operation and effect of the judgment. See Buerki v. Lochner, 570 So. 2d 1061 (Fla.2d DCA 1990). Accordingly, we reverse and remand this matter to the trial court to allow Vocisano to intervene for the limited purpose set forth in this opinion. SCHOONOVER, Acting C.J., and ALTENBERND, J., concur.…
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