Freeman v. Berrin
The Second District held that the Florida Trust Code (chapter 736), including its trustee-removal provision in section 736.0706, does not apply to a land trust governed by the Florida Land Trust Act, section 689.071. Nevertheless, the court affirmed a temporary injunction removing the successor trustee because the trial court's findings supported common law equitable relief, as neither section 689.071 nor chapter 736 displaces courts' inherent equitable authority to remove a trustee who breaches duties. Judge Atkinson concurred as to the statutory analysis but dissented, arguing the beneficiaries failed to show a substantial likelihood of success on the trustee's affirmative defenses and that the injunction altered rather than preserved the status quo.
Key facts
- Beneficiaries of a land trust created under Florida's Land Trust Act, section 689.071, sought removal of the successor trustee by temporary injunction, alleging breach of fiduciary and contractual duties.
- The trial court granted the temporary injunction removing the successor trustee based on findings that the trustee breached its duties to the beneficiaries.
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Why it matters
This is the first clear Florida appellate holding that the Florida Trust Code's statutory trustee-removal remedy is unavailable for pre-2013 land trusts under section 689.071, while confirming that common law equitable… — full analysis with a trial
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