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DONKERSLOOT v. DONKERSLOOT

No. 2D07-3166.

993 So.2d 126 (2008)

Arie DONKERSLOOT, Sr., individually and as Co-Successor Trustee of the Helena J. Donkersloot Trust, and Angie D. Hall, individually and as Co-Successor Trustee of the Helena J. Donkersloot Trust, Appellants/Cross-Appellees, v. Johannes DONKERSLOOT, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

October 22, 2008.

Attorney(s) appearing for the Case

Elisa S. Worthington of Elisa S. Worthington, P.A., Pineland, for Appellant Arie Donkersloot, Sr.

Gerald W. Pierce of Gerald W. Pierce, P.A., Fort Myers, for Appellant Angie D. Hall.

Lawrence A. Farese and Laurie A. Phelan of Robins, Kaplan, Miller & Ciresi L.L.P., Naples, for Appellee.

LaROSE, Judge.

Arie Donkersloot, Sr., appeals an amended final judgment that awarded attorney's fees and costs against him for breach of fiduciary duty. He argues that no motion sought such relief and that the trial court's equitable award of such relief was error. We agree and reverse that portion of the amended final judgment that assessed attorney's fees and costs against Mr. Donkersloot.

Underlying this appeal is a Revocable Living Trust Agreement and...

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