MARGARET GRASSO, INDIVIDUALLY AND AS A PURPORTED COTRUSTEE OF THE OLGA GRASSO REVOCABLE LIVING TRUST; AND MICHELLE GRASSO, INDIVIDUALLY AND AS A PURPORTED COTRUSTEE OF THE OLGA GRASSO REVOCABLE LIVING TRUST, APPELLANTS,
v.
OLGA GRASSO, APPELLEE

Fla. 2d DCA | 2014-07-23
No. 2D13-5186
ALTENBERND and MORRIS, JJ., Concur.
143 So. 3d 1050 Florida District Court of Appeal, Second District (2014) Caution
Cited by 3 cases
Topics
Taxation Of Costs

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Opinion of the Court
BLACK, Judge.

BLACK, Judge.

Margaret and Michelle Grasso, individually and as purported cotrustees of the Olga Grasso Revocable Living Trust (Trust), challenge various orders entered by the trial court regarding the Trust. We reverse the cost/fee order entered on October 18, 2013, to the extent that it taxed costs against Margaret and Michelle individually in the amount of $7907.10 and remand with instructions to vacate that portion of the order. We affirm the trial court in all other respects without comment.

Olga Grasso asserted no claims against Margaret or Michelle in their individual capacities but only as purported cotrus-tees. As such, Margaret and Michelle were not parties to the action in their individual capacities and the trial court erred in taxing costs against them individually. See Beseau v. Bhalani, 904 So.2d 641, 642 (Fla. 5th DCA 2005) (“Although Appellant, ‘individually’ was named in the complaint’s caption, the body of the complaint makes clear that her claims were made solely as personal representative of the estate. Thus, Appellant was never a party to the action in her individual capacity.”).

Affirmed in part; reversed in part; remanded.

ALTENBERND and MORRIS, JJ., Concur.

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  • Delvin Dawson v. State, 253 So. 3d 766 (Fla. 1st DCA 2018)
  • Elma Hett v. Barron-Lunde (Fla. 2d DCA 2020)
    …er involving a trust where it lacked personal jurisdiction over co-trustees of the trust). Further, contrary to the trial court's finding, a trustee is a separate party distinct from the individual person serving as a trustee. See Grasso v. Grasso, 143 So. 3d 1050 (Fla. 2d DCA 2014) (determining individuals were not parties to the action and therefore not liable as individuals where they were sued as purported trustees). The instant case is the reverse, factually, from Grasso, but the same reasoning holds tru…
  • Williams v. State (Fla. 2d DCA 2025)

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