CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 5601, 2015 WL 1740365
... We recognize that the Fourth District's decision in Davis predates the
enactment of the Code and section
736.0415. Nevertheless, Davis constitutes
persuasive authority that reformation is an available remedy under the Code in these
circumstances. See §
736.0106 ("The common law of trusts and principles of equity
supplement this code, except to the extent modified by this code or another law of this
state.")
Sharon argues that "the concept of a 'mistake' which would warrant
refo...
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Cited as authorityDouglass (2021)phrase: "rule_authority"
Cited as authorityKelly (2017)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19608, 2014 WL 6775269
...settlor of the trust, who delegates his power to modify to a third person for
specific reasons. Second, “The common law of trusts and principles of
equity supplement [the Florida Trust Code], except to the extent modified
by this code or another law of this state.” § 736.0106, Fla....
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Cited as authorityZagel (2021)phrase: "rule_authority"
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 1846
...not being given to him each year. The law required the accountings and
gave Sanders the right and opportunity to file suit. Research has not
8 Even though an action for an accounting is considered an equitable proceeding,
it has the features of a legal action. § 736.0106, Fla....
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CopyPublished | Florida 5th District Court of Appeal
...of the trustee in the performance of his or her duties’ until final
distribution of trust assets.” (internal citations omitted)).
Finally, except to the extent modified by the Florida Trust
Code or otherwise under Florida law, the common law of trusts
still applies. See § 736.0106, Fla....
CopyPublished | Florida 4th District Court of Appeal
...We
do not contend that section
95.11(6) applies to such remedies. However, section
95.11(6) does apply to any action seeking monetary awards against the trustee.
7 Even though an action for an accounting is considered an equitable proceeding,
it has the features of a legal action. §
736.0106, Fla....
CopyPublished | District Court of Appeal of Florida
modified by this code or another law of this state.” §
736.0106, Fla. Stat. The Trustees’ separation of powers
