ROBERT LEE HINSON, JR., PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Schroeder v. Gerhart, 825 So. 2d 442 (Fla. 5th DCA 2002)
  …ettlor for a unilateral drafting mistake so long as the reformation is not contrary to the interest of the settlor.” Id. at 543. The thorough analysis set forth by the court in Robinson is sound, and is hereby adopted. See also In re Estate of Huls, 732 So. 2d 1206 (Fla. 2d DCA 1999). Allowing a court to reform an inter vivos trust after the death of the settlor is consistent with general equitable principles well-established in Florida and other states. It has long been held that equity will reform an agreem…
• Reid v. In re Est. OF Edgar Sonder, 63 So. 3d 7 (Fla. 3d DCA 2011)
  …ear and convincing evidence, that the trust, as written, does not reflect the settlor’s intent. § 736.0415, Fla. Stat. (2007); see also Robinson, 720 So. 2d at 540; Schroeder v. Gebhart, 825 So. 2d 442, 445 (Fla. 5th DCA 2002); In re Estate of Huls, 732 So. 2d 1206, 1207 (Fla. 2d DCA 1999). This standard is an intermediate standard of proof between the “preponderance of the evidence” standard used in most civil cases, and the “beyond a reasonable doubt standard” of criminal cases, requiring the evidence “[to]…
• Reid v. Temple Judea & Hebrew Union Coll. Jewish Inst. of Religion, 994 So. 2d 1146 (Fla. 3d DCA 2008)
  …ee Schroeder, 825 So. 2d at 445 (adopting the reasoning and holding of Robinson for the proposition that reformation of a trust after the death of the settlor will be allowed where consistent with general equitable principles); In re Estate of Huls, 732 So. 2d 1206, 1207 (Fla. 2d DCA 1999) (citing Robinson for the proposition that a trust with testamentary aspects may be reformed after the death of the settlor for a unilateral drafting mistake where reformation is not contrary to the settlor’s interest). A tr…