Cohen v. Friedland
Cases that cite this one
1 later published case cites this decision.
- Cohen v. Friedland (Fla. Dist. Ct. App. 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a judicial proceeding instituted by the settlor to revoke a trust, the alleged failure of the trustee to take a position in response to the court’s inquiry as to whether he wishes to continue as trustee does not constitute a failure by the trustee to discharge his fiduciary duties. If it were necessary to reach the factual question, the evidence shows clearly by the trustee’s own testimony that he has “exercised and will continue to exercise his best judgment” in accordance with the trust agreement. Further, it affirmatively appears that there is no other basis for removal of the trustee.
The order discharging the trustee and dissolving the trust is reversed; the cause is remanded with instructions to enter judgment for appellants.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.