Cecilia Reid v. In Re: Estate of Edgar Sonder

Summary

In this trust reformation case, the Florida Third District Court of Appeal affirmed the denial of reformation, holding that the petitioner failed to prove by clear and convincing evidence that the trust terms did not reflect the settlor's intent, and that the trial court's finding was supported by competent substantial evidence. The court also dismissed the appeal of an order granting entitlement to appellate attorney fees without setting the amount, as such an order is non-final and non-appealable. The decision applies Fla. Stat. § 736.0415 and the clear and convincing evidence standard for reforming a trust based on a scrivener's error, and reiterates the deferential appellate review of such findings.

Holdings

1. A party seeking reformation of a trust after the settlor's death must prove by clear and convincing evidence that the trust terms do not reflect the settlor's intent. An appellate court will not reverse a trial court's finding that this burden was not met unless the finding is unsupported by competent substantial evidence or, as a matter of law, no reasonable trier of fact could find the evidence not clear and convincing.
2. An order determining entitlement to appellate attorney fees, without setting the amount, is a non-final, non-appealable order. Absent an amount fixed or reservation of jurisdiction, the appellate court lacks jurisdiction.

Questions Presented

1. Whether the trial court erred in denying the petition to reform the trust based on a scrivener's error.
2. Whether the appeal from the order granting entitlement to appellate attorney fees must be dismissed for lack of jurisdiction.

Disposition

affirmed_in_part_dismissed_in_part