Florida District Courts of Appeal, 1998

Zimmerman v. Siegel

Zimmerman v. Siegel
Florida District Courts of Appeal · Decided May 27, 1998 · Farmer, Gross, Stone
710 So. 2d 755; 1998 Fla. App. LEXIS 5925; 1998 WL 264120 (Southern Reporter, Second Series)

Zimmerman v. Siegel

Opinion of the Court

PER CURIAM.

Appellant appeals the trial judge’s adverse ruling on his petition for declaratory relief concerning the interpretation of a trust agreement. We find no abuse of discretion in the trial court’s refusal to allow Appellant to amend his complaint. However, the trial court did make a mathematical error by awarding Appellant only a 2.5% interest in the corpus of the trust rather than a 5% interest. Under the trust agreement, Lee Levrey was entitled to a 5% share of the corpus per year, and the corpus of the trust consisted of a 50% interest in a country club. Thus, Levrey was entitled to a 2.5% interest per year in the country club as a whole, but a 5% interest in the corpus of the trust. We, thus, reverse and remand for proceedings consistent with this opinion.

STONE, C.J., and FARMER and GROSS, JJ., concur.

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