The 2024 Florida Statutes
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. . . granted summary judgment in favor of Cosden and directed termination of the Trust, citing sections 736.04113 . . . Section 736.04113 entitled "Judicial modification of irrevocable trust when modification is not inconsistent . . . The trial court stated that section 736.04113 allowed for termination of a trust "if the purposes of . . . provides in pertinent part as follows: (1) Without regard to the reasons for modification provided in s. 736.04113 . . . Based on the undisputed circumstances, as a matter of law, neither section 736.04113 nor section 736.04115 . . .
. . . Section 736.04113(1) states: “Upon the application of a trustee of the trust or any qualified beneficiary . . . The unambiguous language of section 736.04113(1) compels us to decline the Former Husband’s invitation . . . to construe section 736.04113 in that manner. . . . See § 736.04113; cf. . . . Although section 736.04113 does not abrogate the trial court’s common law authority to modify or terminate . . .
. . . The trial court observed that section 736.04113 does not limit the trial court’s common-law authority . . . See § 736.04113(4) (“The provisions of this section are in addition to, and not in derogation of, rights . . . Here, Daniel argues that the trial court erred in terminating the CLP Trust before the section 736.04113 . . . Pursuant to subsection (4), section 736.04113 does not abrogate the common law. . . . Section 736.04113 provides, in pertinent part, as follows: (1) Upon the application of a trustee of the . . .
. . . Section 736.04113, Florida Statutes (2011), provides the legal framework for Harriet’s action. . . . Section 736.04113(1)(b) authorizes a court to modify the terms of an irrevocable trust where “[b]ecause . . . governing distribution of the trust income or principal or terms governing administration of the trust.” § 736.04113 . . . As for the evidence that a court should consider in an action under section 736.04113, subsection (3) . . . of a material purpose of the trust” is an issue inappropriate for resolution on summary judgment. § 736.04113 . . .
. . . Section 737.4031, Florida Statutes (2002), which is currently found in section 736.04113 of the Florida . . . Section 736.04113 provides: Judicial modification of irrevocable trust when modification is not inconsistent . . .
. . . (emphasis added); see § 736.04113, Fla. Stat. (2007) (replacing former section 737.4031). . . . Section 736.04113(1), Florida Statutes (2007), in pertinent part, provides: (1) Upon the application . . .