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PERRY v. AGNEW

No. 2D05-332.

903 So.2d 376 (2005)

Samuel D. PERRY, Trustee of the Seyburn Leonard Agnew Trust dated December 7, 1999, Appellant, v. Douglas AGNEW, Steven Agnew, and Roger Agnew, Appellees.

District Court of Appeal of Florida, Second District.

June 15, 2005.

Attorney(s) appearing for the Case

Charles C. Kline and Douglas W. Swalina of White & Case LLP, Miami, for Appellant.

Glenn N. Siegel of Glenn N. Siegel, P.A., Port Charlotte, for Appellees.

NORTHCUTT, Judge.

When three beneficiaries of the Seyburn Leonard Agnew Trust sued the trustee in Charlotte County, Florida, the trustee moved to dismiss for improper venue. The circuit court denied the motion. We reverse because the court failed to apply the controlling statute.

The beneficiaries, Douglas Agnew, Steven Agnew, and Roger Agnew, filed a complaint under section 737.201, Florida Statutes (2003), alleging that the trustee, Samuel D. Perry, had...

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