Fiduciary, Trust and Probate Litigation

Success Stories

Florida Trust & Estates and Commercial Litigation Groups Team Up for Another Victory

Jennifer Nackley and Christen Spake prevailed in an appeal in a heavily contested guardianship matter in Naples and received a per curiam decision from Florida's Second District Court of Appeal affirming their trial court win. The case involved apparent undue influence and suspected elder abuse and was extensively litigated in the trial court, with Jennifer and Christen representing the sons of the alleged incapacitated person. They succeeded in disqualifying the attorneys attempting to appear on behalf of the alleged incapacitated person, due to those attorneys' conflict of interest and prior ineffective representation. The lower court's exclusion of those attorneys was affirmed on appeal following multiple rounds of motions and briefing.

Final Judgment Denying Petition to Terminate Trust

John Guard successfully represented an individual trustee at trial in dispute with beneficiaries where beneficiaries all agreed to prematurely terminate the trust or to force trustee to resign. The court entered a fifty four page order concluding that the beneficiaries were not entitled to terminate the trust or oust the trustee.