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BARNETT BANKS TRUST COMPANY, N.A. v. HYMAN

No. 4-86-1093.

504 So.2d 791 (1987)

BARNETT BANKS TRUST COMPANY, N.A., Trustee, Appellant, v. Stanley HYMAN, Guardian of Grace P. Brissel, Appellee.

District Court of Appeal of Florida, Fourth District.

April 1, 1987.

Attorney(s) appearing for the Case

Freeman W. Barner, Jr., of Cromwell & Remsen, P.A., Riviera Beach, for appellant.

Brian B. Joslyn and Timothy W. Gaskill of DeSantis, Cook & Gaskill, P.A., North Palm Beach, for appellee.

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...

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