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FLECK-RUBIN v. FLECK

No. 2D04-5637.

933 So.2d 38 (2006)

Sondra FLECK-RUBIN f/k/a Sondra Fleck, individually and as cotrustee of the Sidney Fleck Trust Agreement u/w/a December 10, 1973; and Gary Fleck, as guardian ad litem for Sondra Fleck-Rubin, Appellants, v. Aaron FLECK, as a contingent beneficiary and cotrustee of the Sidney Fleck Trust Agreement u/w/a December 10, 1973; Barry Fleck; Gary Fleck; Stephanie Fleck-Morin; and Melanie Spiegelman f/k/a Melanie Singer, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 11, 2006.

Attorney(s) appearing for the Case

Jane Kreusler-Walsh and Barbara J. Compiani of Jane Kreusler-Walsh, P.A., West Palm Beach, and A. Lamar Matthews, Jr., of Matthews, Eastmoore, Hardy, Crauwels & Garcia, P.A., Sarasota, for Appellants.

Michael J. Pugh of Levin, Tannenbaum, Wolff, Band, Gates & Pugh, P.L., Sarasota, for Appellee Aaron Fleck, as a contingent beneficiary and cotrustee of the Sidney Fleck Trust Agreement u/w/a December 10, 1973.

No appearance for Appellees Barry Fleck, Gary Fleck in his individual capacity, Stephanie Fleck-Morin, and Melanie Spiegelman f/k/a Melanie Singer.

SALCINES, Judge.

Sondra Fleck-Rubin appeals from a partial summary judgment in which she was ordered to return funds and assets she had removed from a trust. We reverse.

On December 10, 1973, Sidney Fleck, Sondra's husband until his death in 1981, executed a trust agreement which called for a division of trust assets into two trust estates upon his death — Trust A and Trust B. In the trust agreement, Sidney appointed as cotrustees his wife, Sondra,...

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