Narrative Opinion Summary
The case involves an appeal by Cecilia Reid, trustee of the Edgar Sonder Trust, against a trial court's denial of her petition for trust reformation and the award of appellate attorney fees to Hebrew Union College, under Florida Statutes sections 733.016 and 737.2035. The trust, created by Edgar Sonder, provided for various gifts, including a $25,000 gift and an apartment to Reid. Following Sonder's death, Reid, as personal representative, found insufficient funds to fulfill all gifts and sought reformation of the trust, claiming it did not reflect Sonder's intent regarding the apartment. The probate court denied her petition, finding she did not prove the alleged mistake by clear and convincing evidence. On appeal, the court affirmed this decision, emphasizing the need for substantial evidence to overturn trial court findings. The court noted testimony that Sonder intended no priority among gifts, corroborated by his approval of the trust language and subsequent amendments. Reid's challenge to the attorney fees order was dismissed for lack of jurisdiction, as the amount was not finalized. The appellate court's decision affirmed the trial court's orders in part and dismissed the appeal concerning attorney fees.
Legal Issues Addressed
Appellate Review of Factual Findingssubscribe to see similar legal issues
Application: The appellate court cannot overturn the trial court's findings on the sufficiency of evidence unless there is a lack of supporting evidence or it is unreasonable for a person to find the evidence convincing.
Reasoning: In reviewing this decision, the appellate court noted it cannot overturn the trial court's sufficiency of evidence findings unless there is a lack of supporting record evidence or no reasonable person could find the evidence convincing.
Burden of Proof in Trust Reformationsubscribe to see similar legal issues
Application: The petitioner, Reid, was required to provide clear and convincing evidence that the trust did not reflect Sonder's intent, which she failed to do according to the probate court.
Reasoning: The burden of proof for reformation lies with the petitioner, requiring clear and convincing evidence that the trust does not accurately reflect the settlor's intent.
Non-Final Orders on Attorney Feessubscribe to see similar legal issues
Application: The court dismissed the appeal regarding attorney fees, clarifying that such orders are non-final and non-appealable until the fee amount is determined.
Reasoning: Regarding Reid's appeal on entitlement to appellate attorney fees, the court clarified that such orders are non-final and non-appealable until the fee amount is determined.
Reformation of Trusts for Unilateral Mistakessubscribe to see similar legal issues
Application: The appellate court affirmed that a trust can be reformed posthumously for a unilateral drafting mistake if it aligns with the settlor's intent, requiring the petitioner to prove the mistake by clear and convincing evidence.
Reasoning: The appellate court affirmed that a trust can be reformed after the settlor's death for a unilateral drafting mistake, provided it aligns with the settlor's intent.