Reid v. Estate of Sonder

Summary

The Florida Third District Court of Appeal affirmed the denial of Cecilia Reid's petition to reform the Edgar Sonder Trust. The court held that the record supported the probate court's determination that Reid failed to prove by clear and convincing evidence that the written trust terms did not reflect Sonder's intent. The court dismissed for lack of jurisdiction the appeal from an order determining entitlement to appellate attorney fees because the amount of fees had not been set.

Holdings

1. The denial of Reid's petition for reformation was affirmed because the record supported a reasonable finding that the trust terms did not contradict Sonder's intent and Reid failed to prove the alleged mistake by clear and convincing evidence.
2. The appeal from the fee-entitlement order was dismissed for lack of jurisdiction because the order was non-final and non-appealable until the amount of the fee was determined.

Questions Presented

1. Whether the evidence clearly and convincingly established that the trust instrument contained a unilateral drafting mistake and failed to reflect Sonder's intent, warranting reformation after his death.
2. Whether the probate court's order determining entitlement to appellate attorney fees was final and appealable when no fee amount had been set.

Disposition

other