KANE v. HUTCHINSON

No. 98-460.

718 So.2d 938 (1998)

Monte KANE, Trustee, Appellant, v. Carole Salmon HUTCHINSON, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

October 14, 1998.


Attorney(s) appearing for the Case

Tescher Chaves Rubin & Forman and Charles D. Rubin and Peter J. Forman, Boca Raton, for appellant.

Gunster, Yoakley, Valdes-Fauli & Stewart and Mark J. Scheer, Miami; Haggard, Parks & Stone and Jeannete Lewis Bologna, Coral Gables, for appellees.

Before JORGENSON, COPE and GERSTEN, JJ.


PER CURIAM.

The trustee of a testamentary trust appeals from an order dismissing his complaint with prejudice. For the reasons that follow, we reverse in part and affirm in part.

The trustee filed a "Complaint for Construction of Trust" seeking guidance from the court as to how to reconcile the terms of the trust with the requirements of Chapters 737 and 738, Florida Statutes. After conducting an evidentiary hearing, the trial court entered a final judgment...

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