Can I Ask for a Jury Trial in a Florida Trust or Estate Dispute?
While most trust and estate disputes in Florida are resolved outside of a formal judicial proceeding, there are cases that end up going to trial. The Tampa estate litigation attorneys Bleakley Bavol Denman & Grace can advise and represent you in these contested matters and answer any questions you have about the process. For example, a question we sometimes get from clients is, “Can I demand a jury trial?”
Judge Rules Against Trust’s Claim Against Former Trustee
In most cases, the answer to this question will be “no.” Most Florida trust and estate lawsuits are not tried by a jury. The reason for this is simply that Florida law does not recognize a constitutional right to trial by jury in such cases. That said, there are some exceptions that may apply to specific kinds of disputes.
Earlier this year, the Florida Fourth District Court of Appeal issued an opinion, Mastriana v. Brown Brothers Harriman, which went into the reasons why there is no right to a jury trial in most trust disputes. This case involved a charitable trust. The successor to the original settlor (creator) of the trust had appointed a private investment bank to serve as trustee. Six years later, the successor elected to remove the investment bank from that role and appoint a successor trustee.
While the investment bank subsequently transferred most of the trust’s assets to the new trustee, it held back $8.9 million as a “reserve,” which the successor alleged had been “imprudently invested.” The trust subsequently sued the investment bank for damages. The trust also requested a jury trial. The trial judge denied this request and held a non-jury trial. The outcome of that trial was the judge ruled in favor of the investment bank, holding it held back a reasonable reserve and invested that money in good faith.
The trust appealed both the substance of the trial court’s ruling decision and the denial of the demand for a jury trial. On both counts, the Fourth District affirmed the trial court. With respect to the jury demand, the appellate court explained that in Florida, the right to trial by jury only extends to cases at “common law.” In contrast, most disputes between a trust and trustee are considered “equity” cases, where there is no right to a jury trial. Specifically, this case involved the trust trying to recover money from a former trustee, which again was classified as a matter of equity and not common law. So it was proper for the trial judge to conduct a bench trial.
As for the decision itself, the Fourth District said “substantial evidence” supported the trial court’s ruling, so it would stand on appeal.
Contact a Tampa Trust Litigation Attorney Today
Trust litigation often focuses on the conduct of the trustee. If you are a party to such a dispute, the Tampa trust litigation attorneys at Bleakley Bavol Denman & Grace are here to help. Contact us today to schedule a consultation with a member of our litigation team.
Source:
scholar.google.com/scholar_case?case=12211970217845089757
