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ROBINSON v. TOOTALIAN

No. 96-2566.

691 So.2d 52 (1997)

David ROBINSON, as Co-Personal Representative of the Estate of Marvin L. Robinson and Co-Trustee of the Marvin L. Robinson Amended and Restated Declaration of Trust, Appellant, v. Sam TOOTALIAN, as Former Co-Trustee; Purdy, Donovan & Beal, Certified Public Accountants; and Marilyn Z. Robinson, as Co-Personal Representative of the Estate of Marvin L. Robinson and as Co-Trustee of the Marvin L. Robinson Amended and Restated Declaration of Trust, Appellees.

District Court of Appeal of Florida, Fourth District.

April 9, 1997.

Attorney(s) appearing for the Case

Michael L. Trop and Eric Lee of Atlas, Pearlman, Trop & Borkson, P.A., Fort Lauderdale, for Appellant.

William Jay Palmer and David Lawrence, III of Adorno & Zeder, P.A., Miami, for Appellee-Marilyn Z. Robinson.

KLEIN, Judge.

The decedent, Marvin L. Robinson, left a substantial estate in trust and named his wife Marilyn, his brother David, and his accountant, Sam Tootalian, as co-trustees. Tootalian resigned leaving Marilyn and David to continue with the requirement that there be unanimity on all decisions. After much disagreement between the two trustees, the probate court removed David, and he appeals.

Much of the conflict...

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