DAVIS v. REX

No. 4D03-2488.

876 So.2d 609 (2004)

Stephen G. DAVIS, Stephen G. Davis, Jr. and Beth-Anne Davis, Appellants, v. Raymond REX, Jr., as Trustee of the Virginia F. Davis Irrevocable Trust dated March 4, 1986, Richard A. Popp, as Personal Representative of the Estate of Scott F. Davis, Pittsburg State University Foundation, Inc. and WPBT Communications Foundation, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

June 16, 2004.


Attorney(s) appearing for the Case

James G. Pressly, Jr. of Pressly & Pressly, West Palm Beach, for appellants.

James A. Herb of Herb & Mednick, P.A., Boca Raton, for Appellee-Richard A. Popp, Stephanie L. Carman and Carol A. Licko of Hogan & Hartson, L.L.P., Miami, for Appellee-WPBT Communications Foundation, Inc.

Vanessa A. Reynolds of Conrad & Scherer, LLP, Fort Lauderdale for Appellee-Pittsburg State University Foundation, Inc.


TAYLOR, J.

Appellants, the son and grandchildren of the decedent, Virginia F. Davis, appeal a summary judgment which construed a trust instrument contrary to their interests and ruled against reformation of the trust. We reverse and remand because material issues of fact remain as to whether reformation is appropriate. Further, we offer guidance as to construction of the trust should the trial court determine on remand that reformation is not warranted.

The...

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