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URBANEK v. HOPKINS

No. 4D08-2261.

993 So.2d 1110 (2008)

August URBANEK, Petitioner, v. Philip W. HOPKINS, Respondent.

District Court of Appeal of Florida, Fourth District.

October 8, 2008.

Attorney(s) appearing for the Case

David Howard Goldberg of David Howard Goldberg, P.A., Miami, for petitioner.

Alice G. Hector, Jeffrey T. Cook and Andrea S. Haitley of Akerman Senterfitt, Miami, for respondent.

FARMER, J.

A beneficiary of irrevocable living trusts sued the trustee for failing to make trust distributions to him. He alleged a breach of fiduciary duties and sought damages and an accounting from the trustee. In turn, the trustee counter-sued the beneficiary. His counterclaim claimed that the beneficiary had induced the grantor of the trusts to exert "undue influence" on the trustee to make "improper distributions." The grantor of the trusts is the father of...

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