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MILLER v. KRESSER

Nos. 4D09-759, 4D09-760.

34 So.3d 172 (2010)

James F. MILLER, Ken Bastani and Centennial Bank, (as successor by merger with Marine Bank), Appellants, v. Gary KRESSER and Castles Construction and Development LLC, Appellees. Jerry Miller, as Trustee of the James F. Miller Irrevocable Trust, Ken Bastani and Centennial Bank, (as successor by merger with Marine Bank), Appellants, v. Gary Kresser, James F. Miller, Castles Construction and Development, LLC, Barbara Miller, and Castles Unlimted Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 11, 2010.

Attorney(s) appearing for the Case

Norman L. Schroeder, II, of Norman L. Schroeder, II, P.A., Lake Worth, for appellant, James F. Miller.

Rebecca M. Plasencia and Christopher N. Bellows of Holland & Knight LLP, Miami, for appellants, Ken Bastani and Centennial Bank.

Brian M. O'Connell, Ashley N. Girolamo of Casey Ciklin Lubitz Martens & O'Connell, West Palm Beach for appellant, Jerry Miller, as Trustee of the James F. Miller Irrevocable Trust.

Ronald M. Gache and Scott A. Simon of Broad and Cassel, West Palm Beach, for appellee, Gary Kresser.

DAMOORGIAN, J.

James F. Miller, Jerry Miller, as Trustee of the James F. Miller Irrevocable Trust, Ken Bastani, and Centennial Bank appeal a final judgment in proceedings supplementary.1 We reverse the portion of the final judgment in which the trial court terminated the trust's spendthrift provision and allowed Gary Kresser to reach undistributed trust assets.

In April 2004, Elizabeth Miller established the James F. Miller Irrevocable...

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