McMULLIN v. BEAVER

No. 4D04-1527.

905 So.2d 928 (2005)

Michael P. McMULLIN, as Successor Trustee to the J. Alfred McMullin Living Trust dated 12/21/95, Appellant, v. Thomas Merrill BEAVER, Jr., and T.M.B. Enterprises, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

June 1, 2005.


Attorney(s) appearing for the Case

Robert J. Gorman and Michael P. McSoley of Robert J. Gorman, P.A., Fort Pierce, for appellant.

Peter J. Sweeney, Jr., Janet Carney Croom and Louis B. Vocelle, Jr. of Clem, Vocelle & Berg, L.L.P., Vero Beach, for appellees.


PER CURIAM.

Appellant, Michael P. McMullin, is the trustee and beneficiary of an inter vivos trust. That trust owns the rights to a contract with Appellees. McMullin brought this suit on the contract in his capacity as trustee. The trial court entered final summary judgment, finding that McMullin lacked standing to bring the action because the trust provided that it would terminate on the settlor's death (which had occurred...

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