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R.M. STARK & CO., INC. v. NODDLE

No. 4D05-4107.

941 So.2d 401 (2006)

R.M. STARK & CO., INC., and Gary L. Stark, Appellants, v. Jeffrey NODDLE, Successor Trustee of the Richard Maling Trust U/A Dated 9/3/86, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 1, 2006.

Attorney(s) appearing for the Case

William Zeena, Jr., and Alan M. Herman of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Miami, for appellants.

Delmer C. Gowing III of Delmer C. Gowing III, P.A., Ocean Ridge, for appellee.

POLEN, J.

Appellants, R.M. Stark and Gary Stark, appeal a final order in favor of Appellee, Jeffrey Noddle. The order confirmed an earlier arbitration decision, concluding that Appellants were not the prevailing party in the arbitration and awarding costs to Noddle. Noddle was the trustee for the Maling Trust, which sued Appellants for violation of section 517.301, Florida Statutes, and breach of fiduciary duty. The arbitration resulted in a complete denial of the...

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