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2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?

By Juan C. Antúnez on October 30, 2008

Donkersloot v. Donkersloot, — So.2d —-, 2008 WL 4647415 (Fla. 2d…
Continue Reading 2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?

5th DCA: Why a de novo appellate standard of review can be your best friend in trust-construction litigation

By Juan C. Antúnez on October 25, 2008

Brown v. Miller, — So.2d —-, 2008 WL 4600940 (Fla. 5th DCA Oct…

Continue Reading 5th DCA: Why a de novo appellate standard of review can be your best friend in trust-construction litigation

4th DCA says NO to compulsory medical examination of 88-year old man caught up in someone else’s litigation

By Juan C. Antúnez on October 19, 2008

Urbanek v. Hopkins, — So.2d —-, 2008 WL 4489266 (Fla. 4th…

Continue Reading 4th DCA says NO to compulsory medical examination of 88-year old man caught up in someone else’s litigation

What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?

By Juan C. Antúnez on October 15, 2008

Duncombe v. Adderly, — So.2d —-, 2008 WL 4489234 (Fla. 4th…
Continue Reading What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?

Can you compel a trust beneficiary to arbitrate a claim based on an arbitration agreement he never signed, but his trustee did?

By Juan C. Antúnez on October 13, 2008

Eichler v. Leshner, Slip Copy, 2008 WL 4459029 (M.D.Fla. Sep 29,…
Continue Reading Can you compel a trust beneficiary to arbitrate a claim based on an arbitration agreement he never signed, but his trustee did?

The “fabled twins of speculation and conjecture” aren’t enough to validate a lost will

By Juan C. Antúnez on October 8, 2008

Balboni v. LaRocque, — So.2d —-, 2008 WL 4414240 (Fla. 4th…
Continue Reading The “fabled twins of speculation and conjecture” aren’t enough to validate a lost will

Another probate judge gets reversed for failing to appoint the testator’s nominated PR

By Juan C. Antúnez on October 4, 2008

Florida probate judges are given a great deal of latitude when making…

Continue Reading Another probate judge gets reversed for failing to appoint the testator’s nominated PR

2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney

By Juan C. Antúnez on September 30, 2008

Jaylene, Inc. v. Moots, — So.2d —-, 2008 WL 4181140 (Fla. …
Continue Reading 2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney

3d DCA reverses itself, homestead property may be sold to pay adminisration expenses

By Juan C. Antúnez on September 17, 2008

Cutler v. Cutler, — So.2d —-, 2008 WL 4057751(Fla. 3d DCA Sep 03,…
Continue Reading 3d DCA reverses itself, homestead property may be sold to pay adminisration expenses

Will contest casts a shadow on a prominent St. Petersburg estate-planning lawyer who stands to gain millions

By Juan C. Antúnez on August 26, 2008

Tampa probate litigator Russell R. Winer was kind enough to point me…
Continue Reading Will contest casts a shadow on a prominent St. Petersburg estate-planning lawyer who stands to gain millions

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Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

    2025 … The Year in Review

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    2023 … The Year in Review

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The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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