Barnett Banks Trust Co., N.A. v. Hyman

District Court of Appeal of Florida

Barnett Banks Trust Co., N.A. v. Hyman

504 So. 2d 791, 12 Fla. L. Weekly 916, 1987 Fla. App. LEXIS 7458

CourtDistrict Court of Appeal of Florida

DecidedApril 1, 1987

DocketNo. 4-86-1093

StatusPublished

This text of 504 So. 2d 791 (Barnett Banks Trust Co., N.A. v. Hyman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barnett Banks Trust Co., N.A. v. Hyman, 504 So. 2d 791, 12 Fla. L. Weekly 916, 1987 Fla. App. LEXIS 7458 (Fla. Ct. App. 1987).

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Opinion

GUNTHER, Judge.

Barnett Banks Trust Company, N.A., (Trustee) appeals an order directing the Trustee to pay attorney’s fees from the income and/or principal of the Grace P. Brissel Revocable Trust to the law firm retained by the court-appointed guardian of Grace P. Brissel, incompetent. We reverse the trial court because there is no statutory or contractual basis for the award of attorney’s fees. Payment of attorney’s fees was clearly not legally mandated by the trust provisions and thus, the court had no authority to compel the trustee to make such payments. Giglio v. Perretta, 493 So.2d 470 (Fla. 4th DCA 1986).

Reversed and remanded.

HERSEY, C.J., and RIVKIND, LEONARD, Associate Judge, concur.

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GUNTHER, Judge.

Barnett Banks Trust Company, N.A., (Trustee) appeals an order directing the Trustee to pay attorney’s fees from the income and/or principal of the Grace P. Brissel Revocable Trust to the law firm retained by the court-appointed guardian of Grace P. Brissel, incompetent. We reverse the trial court because there is no statutory or contractual basis for the award of attorney’s fees. Payment of attorney’s fees was clearly not legally mandated by the trust provisions and thus, the court had no authority to compel the trustee to make such payments. Giglio v. Perretta, 493 So.2d 470 (Fla. 4th DCA 1986).

Reversed and remanded.

HERSEY, C.J., and RIVKIND, LEONARD, Associate Judge, concur.

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504 So. 2d 791, 12 Fla. L. Weekly 916, 1987 Fla. App. LEXIS 7458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-banks-trust-co-na-v-hyman-fladistctapp-1987.

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