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WOODWARD v. WOODWARD

No. 4D15-449.

192 So.3d 528 (2016)

Gregor WOODWARD, Appellant, v. Orator E. WOODWARD, individually, and as Trustee of the Mary T. Woodward Trust u/a/d January 14, 1972, as Trustee of the El Bravo Trust u/a/d May 31, 2002, and as Trustee of the Serena Mary Elizabeth Woodward Trust u/a/d May 31, 2002, Lorence Woodward, Marcus Woodward, Serena Woodward, and Maureen Woodward, Appellees.

District Court of Appeal of Florida, Fourth District.

May 4, 2016.

Attorney(s) appearing for the Case

Michele M. Thomas , Adrian P. Thomas , and Daniel A. McGowan of Adrian Philip Thomas, P.A., Fort Lauderdale, for appellant.

David L. Gorman of David L. Gorman, P.A., North Palm Beach, for appellee Orator E. Woodward.

The trial court found that res judicata and laches barred the beneficiary's claim against the trustee. As a result, the beneficiary appeals an order entering summary judgment in favor of the trustee and dismissing the beneficiary's claim with prejudice. We find that res judicata does not apply because there is no identity of the cause...

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