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Anton v. Anton

815 So. 2d 768 (2002)

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Anton v. Anton

Florida District Court of Appeal

815 So. 2d 768 (2002)

Facts

Tracy Anton (plaintiff) and Mitchell Anton (defendant), siblings, were co-trustees of a trust. Tracy did not review the trust’s bank statements, cancelled checks, or the bills Mitchell was allegedly paying on behalf of the trust. Tracy also gave blank, signed checks to Mitchell drawing on trust assets and did not follow up regarding how those signed checks were being used. Mitchell was subsequently criminally charged with theft of trust assets and was ordered to pay restitution to the trust. In a related action, the civil trial court found Tracy liable for the losses the trust incurred as a result of Mitchell’s actions and ordered her to pay the trust back for all stolen funds. Tracy appealed, arguing that (1) the blank checks she signed were not the sole avenue by which Mitchell stole from the trust; and (2) ordering her to pay the trust back while Mitchell was also providing restitution payments was an improper double recovery for the trust.

Rule of Law

Issue

Holding and Reasoning (Klein, J.)

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