Florida/Georgia Personal Injury & Workers Compensation

... We recognize that the Fourth District's decision in Davis predates the enactment of the Code and section 736.0415. Nevertheless, Davis constitutes persuasive authority that reformation is an available remedy under the Code in these circumstances. See § 736.0106 ("The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another law of this state.") Sharon argues that "the concept of a 'mistake' which would warrant refo...

...settlor of the trust, who delegates his power to modify to a third person for specific reasons. Second, “The common law of trusts and principles of equity supplement [the Florida Trust Code], except to the extent modified by this code or another law of this state.” § 736.0106, Fla....

...of the trustee in the performance of his or her duties’ until final distribution of trust assets.” (internal citations omitted)). Finally, except to the extent modified by the Florida Trust Code or otherwise under Florida law, the common law of trusts still applies. See § 736.0106, Fla....

...We do not contend that section 95.11(6) applies to such remedies. However, section 95.11(6) does apply to any action seeking monetary awards against the trustee. 7 Even though an action for an accounting is considered an equitable proceeding, it has the features of a legal action. § 736.0106, Fla....

modified by this code or another law of this state.” § 736.0106, Fla. Stat. The Trustees’ separation of powers

...not being given to him each year. The law required the accountings and gave Sanders the right and opportunity to file suit. Research has not 8 Even though an action for an accounting is considered an equitable proceeding, it has the features of a legal action. § 736.0106, Fla....