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CRUZ v. COMMUNITY BANK & TRUST OF FLORIDA

Case No. 5D18-3310.

277 So.3d 1095 (2019)

Tracy L. CRUZ and Gregory W. Cates, Appellants, v. COMMUNITY BANK & TRUST OF FLORIDA, a Florida Banking Corporation, as Trustee of the Elmer Wayne Cates Trust Dated April 25, 2016 and as Personal Representative of the Estate of Elmer, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Opinion filed August 9, 2019.

Attorney(s) appearing for the Case

Alexander Thomas Briggs , of Pankauski Hauser, PLLC, West Palm Beach, for Appellants.

Marty Smith and Stacie L. Corbett , of Bond, Arnett, Phelan, Smith & Carreras, P.A., Ocala, for Appellee, Community Bank & Trust of Florida.

Brian T. Anderson and Samantha S. Raube , of Schatt & Hesser, P.A., Ocala, for Appellee, Hospice of Marion County.

No Appearance for Other Appellees.

Tracy L. Cruz and Gregory W. Cates (collectively, "Appellants") appeal an order dismissing their breach of trust action against Community Bank and Trust of Florida ("the Bank") for lack of standing. Appellants assert that they have standing under the Florida Trust Code, chapter 736, Florida Statutes (2016), as "interested persons."...

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