CONTELLA v. CONTELLA

No. 89-1419.

559 So.2d 1217 (1990)

Leonard P. CONTELLA, Appellant, v. Alice St. Onge CONTELLA, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 30, 1990.


Attorney(s) appearing for the Case

William T. Townsend, Jr., of Walton, Townsend and McLeod, Palatka, for appellant.

Andrea L. Cain and John M. Cain, of Cain and Ewald, P.A., Orlando, for appellee Alice St. Onge Contella.

No appearance for A.T. Contella Trust # 2 and Harry Tuttle, Trustee.


W. SHARP, Judge.

Contella appeals that portion of a non-final order which dissolves an irrevocable spendthrift trust and orders the appointment of a receiver and sale of the trust assets. He argues the trial court erred in terminating the trust because the record failed to establish that the legal and equitable interests of the trust had merged. We agree and reverse that portion of the order.

Contella is the life-income beneficiary under a trust established...

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