CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13632, 2010 WL 3564731
...Ronstrom,
863 So.2d 473, 475 (Fla. 2d DCA 2004). Covenant argues the trial court did not have in personam jurisdiction over Covenant Trust Company, an Illinois company, because the petition failed to properly allege a basis for jurisdiction under the long-arm statute. Section
736.0201(1), Florida Statutes (2009), provides that trust proceedings *502 "shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure." Florida Rule of Civil Procedure 1.070(h) states that "[w]hen...
...could not be bound by litigation in the courts where the trust is registered. Section 736.0205, Florida Statutes (2009) (emphasis added), states in pertinent part that "[o]ver the objection of a party, the court shall not entertain proceedings under s. 736.0201 for a trust registered, or having its principal place of administration, in another state unless all interested parties could not be bound by litigation in the courts of the state where the trust is registered or has its principal place o...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Final Judgment for Judicial Modification of the Baden Irrevocable Trust-2012." The trial court concluded the partial final judgment with this statement: "The [c]ourt shall retain continuing jurisdiction to supervise the [Trust] pursuant to [section] 736.0201[, Florida Statutes, 2017 ]." The only counts remaining from Mr....
...Specifically, the trial court entered a sua sponte order rejecting Mr. Baden's notice of voluntary *1111 dismissal, ruling that it was a "legal nullity." In rejecting Mr. Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related counts set forth in Mr....
...1 Having established our prohibition jurisdiction, we now turn to the applicability of the Florida Rules of Civil Procedure in judicial proceedings concerning trusts. Subject to exceptions not relevant here, "judicial proceedings concerning trusts" are governed by the Florida Rules of Civil Procedure. § 736.0201(1)....
...Indeed, "[w]henever possible, we must avoid construing legal text as 'mere surplusage.' " Id. (quoting Hechtman v. Nations Title Ins. of N.Y. ,
840 So.2d 993 , 996 (Fla. 2003) ). Against this backdrop, we first address the daughters' argument that section
736.0201 affords the trial court discretion to maintain ongoing jurisdiction of the action their father brought and attempted to voluntarily dismiss. The plain and unambiguous language of section
736.0201(1) mandates that, with three exceptions not relevant here, judicial proceedings concerning trusts shall be governed by Florida Rules of Civil Procedure as follows: "Except as provided in subsections (5) and (6) and s.
736.0206, judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure ." §
736.0201(1) (emphasis added)....
...shall be bound by the Florida Rules of Civil Procedure. The trial court, however, set forth an additional exception, separate from those enumerated by the legislature, to the mandatory application of the Florida Rules of Civil Procedure pursuant to section 736.0201. That is, the trial court ruled that it maintained jurisdiction over Mr. Baden's operative complaint pursuant to subsection 736.0201(3), which states that "[a] trust is *1113 not subject to continuing judicial supervision unless ordered by the court ." (Emphasis added.) Relying on that provision, the trial court reasoned that Mr....
...Baden's operative complaint. We reject the notion that subsection (3) somehow renders inapplicable the legislature's mandate that the Florida Rules of Civil Procedure "shall" apply in this context. The exceptions, set forth by the legislature in subsections
736.0201(5) and (6) and section
736.0206, are wholly irrelevant to what we have here....
....3d at 967 (alteration in original) (quoting McLaughlin ,
102 So.2d at 575-76 ). Reading these subsections of the same statute together so as to not render subsection (1)'s enumerated exceptions as superfluous, as we must, yields the conclusion that section
736.0201(3) does not provide a means for the trial court to sidestep section
736.0201(1)'s mandate that the Florida Rules of Civil Procedure section "shall" apply. See id. ("Whenever possible, we must avoid construing legal text as 'mere surplusage.' " (quoting Hechtman v. Nations Title Ins. of N.Y. ,
840 So.2d 993 , 996 (Fla. 2003) ) ). And section
736.0201(3) certainly does not permit the daughters or the trustee to keep Mr....
...Baden's lawsuit pending so that the trustee may file claims, motions for guidance, and so on. 4 Of course, the legislature has provided an avenue for a party to the trust to file his or her own separate action consistent with the Florida Trust Code. See generally § 736.0201(4)....
...rect action taken by the court, see English v. McCrary ,
348 So.2d 293 , 296-97 (Fla. 1977), we decide this case in prohibition, as set forth in Mr. Baden's petition. Chapter 736, Florida Statutes, is the Florida Trust Code. §
736.0101. Subsections
736.0201(5) and (6) are inapplicable here. Subsection
736.0201(5) relates to the construction of testamentary trusts, which are governed by the Florida Probate Rules. See §
736.0201(5). Subsection (6) relates to the application of a particular Florida Rule of Civil Procedure, rule 1.525, in certain circumstances. See §
736.0201(6). The legislature set forth a third exception to the mandatory application of the Florida Rules of Civil Procedure in section
736.0201(1)....
...t of agents and compensation of trustees and employees of a trust. One scenario in which a trust case would presumably be permitted to remain open, assuming court approval, would be when a trustee initially seeks instruction of the court pursuant to section 736.0201(4)(e) ("A judicial proceeding involving a trust may relate to the validity, administration, or distribution of trust, including proceedings to ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Final Judgment for Judicial Modification of the Baden Irrevocable Trust-2012." The trial court concluded the partial final judgment with this statement: "The [c]ourt shall retain continuing jurisdiction to supervise the [Trust] pursuant to [section] 736.0201[, Florida Statutes, 2017 ]." The only counts remaining from Mr....
...Specifically, the trial court entered a sua sponte order rejecting Mr. Baden's notice of voluntary *1111 dismissal, ruling that it was a "legal nullity." In rejecting Mr. Baden's notice of voluntarily dismissal, the trial court first noted that it had retained jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final judgment it entered on December 12, 2014, where the parties agreed to dismiss all of the Trust-related counts set forth in Mr....
...1 Having established our prohibition jurisdiction, we now turn to the applicability of the Florida Rules of Civil Procedure in judicial proceedings concerning trusts. Subject to exceptions not relevant here, "judicial proceedings concerning trusts" are governed by the Florida Rules of Civil Procedure. § 736.0201(1)....
...Indeed, "[w]henever possible, we must avoid construing legal text as 'mere surplusage.' " Id. (quoting Hechtman v. Nations Title Ins. of N.Y. ,
840 So.2d 993 , 996 (Fla. 2003) ). Against this backdrop, we first address the daughters' argument that section
736.0201 affords the trial court discretion to maintain ongoing jurisdiction of the action their father brought and attempted to voluntarily dismiss. The plain and unambiguous language of section
736.0201(1) mandates that, with three exceptions not relevant here, judicial proceedings concerning trusts shall be governed by Florida Rules of Civil Procedure as follows: "Except as provided in subsections (5) and (6) and s.
736.0206, judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure ." §
736.0201(1) (emphasis added)....
...shall be bound by the Florida Rules of Civil Procedure. The trial court, however, set forth an additional exception, separate from those enumerated by the legislature, to the mandatory application of the Florida Rules of Civil Procedure pursuant to section 736.0201. That is, the trial court ruled that it maintained jurisdiction over Mr. Baden's operative complaint pursuant to subsection 736.0201(3), which states that "[a] trust is *1113 not subject to continuing judicial supervision unless ordered by the court ." (Emphasis added.) Relying on that provision, the trial court reasoned that Mr....
...Baden's operative complaint. We reject the notion that subsection (3) somehow renders inapplicable the legislature's mandate that the Florida Rules of Civil Procedure "shall" apply in this context. The exceptions, set forth by the legislature in subsections
736.0201(5) and (6) and section
736.0206, are wholly irrelevant to what we have here....
....3d at 967 (alteration in original) (quoting McLaughlin ,
102 So.2d at 575-76 ). Reading these subsections of the same statute together so as to not render subsection (1)'s enumerated exceptions as superfluous, as we must, yields the conclusion that section
736.0201(3) does not provide a means for the trial court to sidestep section
736.0201(1)'s mandate that the Florida Rules of Civil Procedure section "shall" apply. See id. ("Whenever possible, we must avoid construing legal text as 'mere surplusage.' " (quoting Hechtman v. Nations Title Ins. of N.Y. ,
840 So.2d 993 , 996 (Fla. 2003) ) ). And section
736.0201(3) certainly does not permit the daughters or the trustee to keep Mr....
...Baden's lawsuit pending so that the trustee may file claims, motions for guidance, and so on. 4 Of course, the legislature has provided an avenue for a party to the trust to file his or her own separate action consistent with the Florida Trust Code. See generally § 736.0201(4)....
...rect action taken by the court, see English v. McCrary ,
348 So.2d 293 , 296-97 (Fla. 1977), we decide this case in prohibition, as set forth in Mr. Baden's petition. Chapter 736, Florida Statutes, is the Florida Trust Code. §
736.0101. Subsections
736.0201(5) and (6) are inapplicable here. Subsection
736.0201(5) relates to the construction of testamentary trusts, which are governed by the Florida Probate Rules. See §
736.0201(5). Subsection (6) relates to the application of a particular Florida Rule of Civil Procedure, rule 1.525, in certain circumstances. See §
736.0201(6). The legislature set forth a third exception to the mandatory application of the Florida Rules of Civil Procedure in section
736.0201(1)....
...t of agents and compensation of trustees and employees of a trust. One scenario in which a trust case would presumably be permitted to remain open, assuming court approval, would be when a trustee initially seeks instruction of the court pursuant to section 736.0201(4)(e) ("A judicial proceeding involving a trust may relate to the validity, administration, or distribution of trust, including proceedings to ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 568, 2010 WL 323031
...y a trustee in a declaratory judgment action to determine the parties entitled to receive the income and corpus of a trust). As in any other civil action, the Rules of Civil Procedure apply to an action to determine the beneficiaries of a trust. See § 736.0201(1), Fla....
CopyPublished | Supreme Court of Florida
...5) is
added to require that a petition filed pursuant to rule 5.405 state
“how the real property was owned at the time of the decedent’s
-3-
death.” See ch. 2021-183, §§ 5, 12, Laws of Fla. (enacting §§
736.0201(7) and
736.1109, Fla....
...Descent of homestead.
- 17 -
§
732.4015, Fla. Stat. Devise of homestead.
§
733.607, Fla. Stat. Possession of estate.
§
733.608, Fla. Stat. General power of the personal
representative.
§
733.707(3), Fla. Stat. Order of payment of expenses and
obligations.
§
736.0201(7), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...al Judgment for Judicial Modification of
the Baden Irrevocable Trust-2012." The trial court concluded the partial final judgment
with this statement: "The [c]ourt shall retain continuing jurisdiction to supervise the
[Trust] pursuant to [section] 736.0201[, Florida Statutes, 2017]." The only counts
remaining from Mr....
...Specifically, the trial court entered a sua sponte order rejecting Mr.
Baden's notice of voluntary dismissal, ruling that it was a "legal nullity." In rejecting Mr.
Baden's notice of voluntarily dismissal, the trial court first noted that it had retained
jurisdiction pursuant to section 736.0201 to supervise the Trust in the partial final
judgment it entered on December 12, 2014, where the parties agreed to dismiss all of
the Trust-related counts set forth in Mr....
...w turn to the
applicability of the Florida Rules of Civil Procedure in judicial proceedings concerning
trusts. Subject to exceptions not relevant here, "judicial proceedings concerning trusts"
are governed by the Florida Rules of Civil Procedure. § 736.0201(1).2 Florida Rule of
Civil Procedure 1.420(a)(1) authorizes a plaintiff to voluntarily dismiss his action or claim
without order of the court at any time before a hearing on motion for summary judgment
"[e]xcept in actions in which pro...
...Indeed,
"[w]henever possible, we must avoid construing legal text as 'mere surplusage.' " Id.
(quoting Hechtman v. Nations Title Ins. of N.Y.,
840 So. 2d 993, 996 (Fla. 2003)).
Against this backdrop, we first address the daughters' argument that
section
736.0201 affords the trial court discretion to maintain ongoing jurisdiction of the
action their father brought and attempted to voluntarily dismiss.
The plain and unambiguous language of section
736.0201(1) mandates
that, with three exceptions not relevant here, judicial proceedings concerning trusts shall
be governed by Florida Rules of Civil Procedure as follows: "Except as provided in
subsections (5) and (6) and s.
736.0206, judicial proceedings concerning trusts shall be
commenced by filing a complaint and shall be governed by the Florida Rules of Civil
Procedure." §
736.0201(1) (emphasis added)....
...The trial court, however, set forth an additional exception, separate from
those enumerated by the legislature, to the mandatory application of the Florida Rules
-7-
of Civil Procedure pursuant to section 736.0201. That is, the trial court ruled that it
maintained jurisdiction over Mr. Baden's operative complaint pursuant to subsection
736.0201(3), which states that "[a] trust is not subject to continuing judicial supervision
unless ordered by the court." (Emphasis added.) Relying on that provision, the trial
court reasoned that Mr....
...Baden's
operative complaint. We reject the notion that subsection (3) somehow renders
inapplicable the legislature's mandate that the Florida Rules of Civil Procedure "shall"
apply in this context. The exceptions, set forth by the legislature in subsections
736.0201(5) and (6) and section
736.0206, are wholly irrelevant to what we have here.3
It would render subsection (1), where the legislature explicitly identifies the three
exceptions, wholly superfluous if we interpret subsection (3) in isolation,...
...It does not, and cannot, nullify subsection (1)'s mandate as to the
applicability of the Florida Rules of Civil Procedure. This would make little sense. As
we explained earlier, if a statutory provision "appears to have a clear meaning in
3Subsections 736.0201(5) and (6) are inapplicable here. Subsection
736.0201(5) relates to the construction of testamentary trusts, which are governed by
the Florida Probate Rules. See § 736.0201(5). Subsection (6) relates to the application
of a particular Florida Rule of Civil Procedure, rule 1.525, in certain circumstances. See
§ 736.0201(6). The legislature set forth a third exception to the mandatory application
of the Florida Rules of Civil Procedure in section 736.0201(1)....
...3d at 967
(alteration in original) (quoting McLaughlin,
102 So. 2d at 575–76). Reading these
subsections of the same statute together so as to not render subsection (1)'s
enumerated exceptions as superfluous, as we must, yields the conclusion that section
736.0201(3) does not provide a means for the trial court to sidestep section
736.0201(1)'s mandate that the Florida Rules of Civil Procedure section "shall" apply.
See id. ("Whenever possible, we must avoid construing legal text as 'mere
surplusage.' " (quoting Hechtman v. Nations Title Ins. of N.Y.,
840 So. 2d 993, 996 (Fla.
2003))). And section
736.0201(3) certainly does not permit the daughters or the trustee
to keep Mr....
...Baden's lawsuit pending so that the trustee may file claims, motions for
guidance, and so on.4 Of course, the legislature has provided an avenue for a party to
the trust to file his or her own separate action consistent with the Florida Trust Code.
See generally § 736.0201(4)....
...in which property has been seized or is in the
4One scenario in which a trust case would presumably be permitted to
remain open, assuming court approval, would be when a trustee initially seeks
instruction of the court pursuant to section 736.0201(4)(e) ("A judicial proceeding
involving a trust may relate to the validity, administration, or distribution of trust,
including proceedings to ....
CopyPublished | Florida 4th District Court of Appeal
...The probate court summarily denied the emergency petition.
We agree with the co-trustees that appellant improperly sought relief
concerning the trust in the probate case. Under the Florida Trust Code,
any action concerning the trust must be commenced by filing a complaint.
§ 736.0201(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
...r Construction
and Declaration of Rights” seeking (1) a determination as to the validity of
all or part of the testamentary trust; (2) construction of the testamentary
trust; and (3) a declaration of rights under the testamentary trust
pursuant to section 736.0201(4)(a), (e)–(f),” Florida Statutes (2021).1
Appellant asserted that the condition that he no longer be married in order
to receive an outright bequest was unlawful and contrary to public policy.
In Count 1, Appellant alleged he was in doubt as to whether the condition
regarding his marriage can be given legal effect and requested a
determination as to the validity of the condition imposed in the Trust that
1 Section 736.0201(4)(a), (e)–(f) provides:
(4) A judicial proceeding involving a trust may relate to the validity,
administration, or distribution of a trust, including proceedings to:
(a) Determine the validity of all or part of...
...trust, including questions of
construction of trust instruments; instruct trustees; and determine the
existence or nonexistence of any immunity, power, privilege, duty, or
right;
(f) Obtain a declaration of rights; . . . .
§ 736.0201(4)(a), (e)–(f), Fla....
...marriage must terminate.
He further alleged that substantial legal and financial consequences
depend upon the judicial declaration of rights and interest. In Count 2,
Appellant sought a determination of the validity of all or part of the Trust
under section 736.0201(4)(a), relating to the same conditions discussed in
Count 1.
Appellees moved to strike Appellant’s amended petition arguing that
where Appellant’s amended petition challenged the validity of the will, the
challenge was untim...
...As discussed above, Appellant’s petition sought (1) a
determination as to the validity of all or part of the testamentary trust; (2)
construction of the testamentary trust; and (3) a declaration of rights
under the testamentary trust pursuant to section 736.0201(4)(a), (e)–(f),
Florida Statutes (2021)....
CopyPublished | Supreme Court of Florida
...Stat. Waiver of homestead rights by deed.
§
733.607, Fla. Stat. Possession of estate.
§
733.608, Fla. Stat. General power of the personal
representative.
§
733.707(3), Fla. Stat. Order of payment of expenses and
obligations.
§
736.0201(7), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 16, 2015 WL 24081
...Furthermore, the trial court made an express finding that there was no evidence of wrongdoing by Rene. Rene argues that the guardianship court did not have the authority to enter an order approving an amendment to White’s revocable trust because section 736.0201(i), Florida Statutes (2013) states that “judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.” We reject Rene’s argument because Florida...
CopyPublished | Florida 5th District Court of Appeal
...2
The trial court denied her motion to set aside the order of appointment,
finding that Appellant had actual notice and therefore could have objected to
Appellee’s appointment. Appellant timely appealed.
Analysis
Section
736.0201(1), Florida Statutes (2022), provides that “judicial
proceedings concerning trusts shall be commenced by filing a complaint and
shall be governed by the Florida Rules of Civil Procedure.” Here, Appellee
2
See §
736.0103(4), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...An Appeal from the Circuit Court for Miami-Dade County, Jorge E.
Cueto, Judge.
Andrew M. Kassier, P.A., and Andrew M. Kassier, for appellant.
No appearance, for appellees.
Before LINDSEY, MILLER and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 736.0201(4)(e), Fla....
