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BRUNDAGE v. BANK OF AMERICA

No. 4D07-1932.

996 So.2d 877 (2008)

Miles BRUNDAGE, Nancy J. Hughes, Diane Brundage Settle and Lewis F. Concklin, Appellants, v. BANK OF AMERICA, Trustee u/a Dorothy S. Gutsgell Amended and Restate Revocable Trust Agreement dated March 26, 1992, Appellee.

District Court of Appeal of Florida, Fourth District.

October 29, 2008.

Attorney(s) appearing for the Case

Philip M. Burlington and Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, and Charles M. Eiss of Law Office of Charles Eiss, P.L., Weston, for appellants.

John H. Pelzer and Rubin F. Hazel of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee.

WARNER, J.

This is an appeal from a final judgment in which the trial court involuntarily dismissed appellants' claims for declaratory judgment and breach of fiduciary duty in the distribution of assets from a trust of the settler/beneficiary. The appellants received a specific gift of stock from the trust but claimed that they should have been entitled to a greater amount of stock because of a stock split. As the stock...

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