Dagoberto Capo v. Julio C. Capo

Summary

The Florida Third District Court of Appeal affirmed a final judgment rejecting claims arising from a family probate dispute involving revocable trusts, fiduciary duties, accountings, alleged fraudulent conveyance of a family home, and tortious interference with testamentary expectancy. The court held that the trial court committed no legal error and that its factual findings were supported by competent, substantial evidence.

Holdings

1. The trial court committed no legal error in rejecting the appellants' claims, and its final judgment was affirmed in all respects.
2. The trial court's factual findings were supported by competent, substantial evidence.

Questions Presented

1. Whether the trial court committed legal error in rejecting the appellants' claims concerning accountings for the decedents' revocable trusts, breach of fiduciary duty, fraudulent conveyance of the family home, and tortious interference with testamentary expectancy.
2. Whether the trial court's factual findings were supported by competent, substantial evidence.
3. Whether contingent beneficiaries of revocable trusts were owed trustee duties under the cited Florida trust-law provisions and authorities.

Disposition

affirmed