SUZANNE REVAH v. CECILE REVAH, individually and as Successor Trustee of THE SALOMON REVAH REVOCABLE TRUST DATED DECEMBER 9, 1999, and as Trustee of THE SUZANNE REVAH REVOCABLE TRUST DATED DECEMBER 9, 1999

Summary

The appellate court reversed summary judgment for the trustee on claims for trust accounting and constructive trust, holding that the trustee failed to provide statutorily compliant accountings under Fla. Stat. § 736.08135 and that genuine issues remained as to whether the limitations period was tolled by the trustee’s fraudulent concealment and the beneficiary’s lack of actual knowledge under § 736.1008. The court also reversed the final judgment on the trustee’s counterclaims for partition and unjust enrichment because they were tainted by the erroneous summary judgment, and remanded with instructions to allow the beneficiary leave to amend. Key topics include a trustee’s fiduciary duty to account, the requirements for a constructive trust remedy for self-dealing, and the application of statutory laches and fraudulent concealment in trust disputes.

Holdings

1. The trial court erred because Cecile failed to meet her burden of proving she had served statutorily-compliant accountings; the documents produced were not 'reasonably understandable reports' as required by § 736.08135, and the court improperly shifted the burden to the elderly, illiterate beneficiary.
2. The trial court erred because Cecile's self-dealing transaction was voidable under Chapter 736; the limitations period did not begin to run until Suzanne had actual knowledge, and the evidence of fraudulent concealment precluded summary judgment; public recording of deeds is insufficient to establish actual knowledge in a fiduciary relationship.
3. The argument was not preserved, but on remand Suzanne shall be given leave to amend to raise whether Corya was abrogated by the 2018 amendment to § 736.1008.
4. The final judgment is reversed because the erroneous summary judgment on Suzanne's constructive trust claim and the exclusion of evidence impacted the trial; the error was not harmless.

Questions Presented

1. Whether the trial court erred in granting summary judgment on the accounting claim.
2. Whether the trial court erred in granting summary judgment on the constructive trust claim based on statute of limitations.
3. Whether Suzanne preserved the argument that statutory laches does not apply to the accounting claim.
4. Whether the trial court erred in denying leave to amend and excluding evidence.
5. Whether the final judgment on appellee's counterclaims should be reversed due to the erroneous summary judgment.

Disposition

reversed_and_remanded