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.
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