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PALMER v. HORTON

No. 84-920.

469 So.2d 903 (1985)

Potter PALMER IV, Next Friend of Gordon Palmer O'Neil and Sandra Potter O'Neil, Minors, Appellant, v. Mallory H. HORTON, As Guardian Ad Litem of Gordon Palmer O'Neil and Sandra Potter O'Neil, Minors, and John H. O'Neil, Jr., Individually and As Trustee under Agreement with Rose Palmer O'Neil, Dated March 15, 1971 and John H. O'Neil III, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 17, 1985.

Attorney(s) appearing for the Case

Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh and Robert L. Floyd and Thomas Meeks, Miami, for appellant.

Horton, Perse & Ginsberg and Mallory H. Horton and Peter H. Kircher, Lapidus & Stettin and Richard Lapidus, Miami, for appellees.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.

NESBITT, Judge.

Potter Palmer IV (Palmer) appeals an order requiring him to pay costs, guardian ad litem fees and the guardian's attorney's fees. We reverse.

In 1971, Rose Palmer O'Neil created three trusts for the benefit of her three children. She named her husband, John H. O'Neil, Jr., as trustee. In 1981, Palmer, the children's uncle, as next friend of the two children who were still minors, filed a petition seeking removal of O'Neil as trustee on the...

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