GEORGE C. BURGWIN, JR., AND FIDELITY TRUST COMPANY, A PENNSYLVANIA CORPORATION,
v.
BERTIE GENNETT PARSES STEWART, JR., AND T. J. DOWDELL, AS SEQUESTRATOR
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The Florida Supreme Court vacated and remanded a case based on a stipulation between the parties to amicably settle their dispute, directing the lower court to enter a decree in conformity with the stipulation.
Yes, the court approved the stipulation as a lawful and proper settlement and ordered that the decrees and orders appealed from be vacated.
“the appellants and appellees have amicably adjusted and settled the controversy involved in the appeal, subject to the terms and conditions of the aforesaid stipulation”
Establishes the basis for the court's decision: a settlement agreement between the parties.
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Join FLexlaw to unlock all legal intelligenceThe appellants and appellees in this case reached an amicable settlement of their dispute, subject to the terms and conditions of a stipulation they f…
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This cause coming on now to be heard upon the stipulation of the parties of record to the appeal, herein and it appearing from said stipulation duly signed and filed in this court that the appellants and appellees have amicably adjusted and settled the controversy involved in the appeal, subject to the terms and conditions of the aforesaid stipulation, and it appearing to the court that said stipulation is in all respects a lawful and proper settlement of the controversy involved in this appeal, and that being consented to by the parties, it should be put into effect by an appropriate decree embracing the terms, conditions, provisions, and agreements in said stipulation contained.
It is thereupon' considered, ordered, and adjudged by this court that the decrees and orders herein appealed from be and the same'are hereby severally vacated and that this cause be and the same is hereby remanded to the Circuit Court for Dade County, Florida, with directions to enter a final decree in said cause in conformity with and carrying into effect the terms and conditions of the stipulation hereinbefore mentioned, all of which shall be certified to the said . Circuit Court, together with the mandate of this court herein.
This order is entered on authority of the-opinion in the case of Adams, et al., v. Galloway, et al., 115 Fla. 166, 155 So. 96.
Wi-iitfield, Brown, Buford and Chapman, J. J., concur.
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Citator
Cited By (11 total)
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Trueman Fertilizer Co. v. Allison, 81 So. 2d 734 (Fla. 1955)…his case. There is, of course, the general rule that a trustee is an indispensable' party in all proceedings affecting the estate. Winn v. Strickland, 34 Fla. 610, 16 So. 606; Wilson v. Russ, 17 Fla. 691; Griley v. Marion Mortgage Co., 132 Fla. 299, 182 So. 297. This rule is subject to the exception in a court of equity where the trustee is merely a passive one. 90 C.J.S., Trusts, § 366b (1); see also Deauville Corporation v. Blount, 157 Fla. 322, 25 So. 2d 812, and Elvins v. Seestedt, 141 Fla. 266, 193 So…
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Lucius O. Hamilton & Marion Mortg. Co. v. Flowers, 134 Fla. 328 (Fla. 1938)…to do equity, but the bill prays that the court grant Hamilton such [*344] equitable relief and remedies in the cause as to the court shall seem meet and appropriate. In the recent case of George L. Griley v. Marion Mortgage Company, 132 Fla. 299, 182 So. 297, this Court was considering another mortgage foreclosure suit in which the Marion Mortgage Company, as trustee, after foreclosing on certain trust properties in behalf of the bondholders, executed a mortgage, similar to the mortgage held by Lucius O…
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Baum v. Morton Corn, 167 So. 2d 740 (Fla. 2d DCA 1964)…41, 247. Any implied power to a trustee to encumber the trust property arises only when necessary to preserve the trust estate from waste or some other emergency, and must be exercised by leave of Court. Griley v. Marion Mortgage Co., 132 Fla. 299, 182 So. 297, 299. Bogert on Trusts and Trustees (2nd Ed.) Sec. 751 et seq., states: “A Trustee has no power (aside from Statute) to mortgage the trust assets unless such power is expressly granted to him by the trust instrument, or is justifiably implied from…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Robbins Roofing & Sheet Metal Co. v. Nichols, 115 Fla. 161 (Fla. 1934)
- Adams v. Galloway, 115 Fla. 166 (Fla. 1934)