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J.P. MORGAN TRUST CO., N.A. v. SIEGEL

No. 4D06-4912.

965 So.2d 1193 (2007)

J.P. MORGAN TRUST COMPANY, N.A., and J.P. Morgan Chase Bank, N.A., Appellants, v. Daniel G. SIEGEL, individually, and Simon B. Siegel, individually and as Co-Trustee of the Trusts Created under Articles Fifth and Sixth of the Dorothy H. Rautbord Amended and Restated Agreement of Trust, Dated March 30, 1990, as amended, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 29, 2007.

Attorney(s) appearing for the Case

Elise D. Weakley and Matthew Triggs of Proskauer Rose LLP, Boca Raton, for appellants.

Richard A. Goetz of Hodgson Russ LLP, Boca Raton, for appellees.

SHAHOOD, C.J.

This is an appeal by J.P. Morgan Trust Company, N.A., and J.P. Morgan Chase Bank, N.A. (collectively "J.P. Morgan") from the trial court's non-final order granting partial summary judgment in favor of Daniel G. Siegel and Simon B. Siegel ("the Siegels"). The issue is the propriety of the trustee's payment of its attorneys' fees from trust assets without prior court order. We hold that J.P. Morgan should have...

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