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BRIGHAM v. BRIGHAM

No. 3D05-2403.

934 So.2d 544 (2006)

Dana BRIGHAM, individually and as trustee of the Defendant trusts, Patricia Brigham, individually and as successor trustee of the Defendant trusts, the Marion W. Brigham Trust, the EFP Brigham Land Trust No. 1, the Blue Rock Land Trust No. 1, the Seven Mile Ridge Land Trust No. 1, the Rice Road Land Trust No. 1, the Halls Chapel Land Trust No 1., the Cloud Valley Land Trust No. 1, and the Coxes/Jacks Creek Land Trust No. 1, Appellants, v. Edward BRIGHAM, Sandra Forbes Beran, Dana Forbes, Robin Forbes and Allen Forbes, Appellees.

District Court of Appeal of Florida, Third District.

May 31, 2006.

Attorney(s) appearing for the Case

Williams, Parker, Harrison, Dietz & Getzen and M. Lewis Hall, III and David A. Wallace, Sarasota; Lisa B. Lehner, for appellants.

Kluger, Peretz, Kaplan & Berlin and Bruce A. Katzen, Michael L. Cotzen, Miami, and Leslie P. Sharpe; Michael J. Schlesinger, Miami, for appellees.

Before WELLS, CORTIÑAS, and ROTHENBERG, JJ.

CORTIÑAS, Judge.

Appellants, Dana Brigham and his wife, Patricia Brigham, in their individual capacities, as well as trustee and successor trustee, respectively, of the Marion Trust (the "trust"), appeal from an order which (1) precluded them from paying their personal attorneys' fees out of the trust in their defense of the underlying lawsuit filed by Appellees, and (2) required them to return to the trust all monies...

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