STATE OF FLORIDA, APPELLANT,

v.

JODEL CLERJUSTE, APPELLEE

Citator

Cited By

• Merrill Lynch Tr. Co. v. Alzheimer's Lifeliners Ass'n, Inc., 832 So. 2d 948 (Fla. 2d DCA 2002)
  …. It is clear from Merrill Lynch’s actions that it immediately began the process for distribution of the Trust as mandated by Florida law. It could not have distributed the Trust without conducting an accounting. See First Union Nat'l Bank v. Jones, 768 So. 2d 1213, 1215 (Fla. 4th DCA 2000) (“Although a trust instrument directs termination of the trust and the distribution of the principal to the beneficiaries upon the settlor’s death, the trustee cannot make complete distribution until provision has been made…
• First Union Nat'l Bank v. Turney, 839 So. 2d 774 (Fla. 1st DCA 2003)
  …e’s powers, the court shall award taxable costs as in chancery actions, including attorney’s fees.” An action seeking to recover for a bank trustee’s breach of fiduciary duty is an “action” under section 737.627. See First Union Nat’l Bank v. Jones, 768 So. 2d 1213, 1215 (Fla. 4th DCA 2000); and Republic Nat’l Bank v. Araujo, 697 So. 2d 164, 166 (Fla. 3d DCA 1997). Further, “[t]he well settled ‘rule in chancery cases is that a court of equity may, as justice requires, order that costs follow the result of the…
• Sheaffer v. Trask, 813 So. 2d 1051 (Fla. 4th DCA 2002)
  …e expenses of Dorothy’s estate. He also argues the court lacked jurisdiction to enter the order. A trustee is entitled to receive payment of his reasonable expenses in managing a trust from the assets of that trust. First Union Nat’l Bank v. Jones, 768 So. 2d 1213, 1214 (Fla. 4th DCA 2000) (citations omitted). In fact, “[although a trust instrument directs termination of the trust and the distribution of the principal to the beneficiaries upon the settlor’s death, the trustee cannot make complete distribution…

Authorities Cited

• Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)