Doris Rich Corya, as Trustee of the Sanders Trust, Doris Rich Corya and Paul J. Rich Sanders as Trustee of the Eleanor M. Rich Trust, Doris Rich Corya as Trustee of the John P. Corya Irrevocable Trust, and Doris Rich Corya as Trustee of the John P. Corya Revocable Trust v. Roy Sanders

Summary

The Florida Fourth District Court of Appeal held that statutory laches under section 95.11(6), Florida Statutes, applies to actions seeking trust accountings and limits the right to an accounting to no more than four years before suit is filed, even if the trustee never prepared accountings. The court also interpreted section 736.08135(3), Florida Statutes, to preclude requiring a trustee to render accountings for periods prior to January 1, 2003, and that the first accounting need not extend back to the trust’s inception. The trial court’s orders compelling accountings from the inception of each trust and awarding attorney’s fees were reversed and remanded for application of these limitations.

Holdings

1. Statutory laches under section 95.11(6), Florida Statutes, limits the right to an accounting, where no accounting has been done, to no more than four years before filing an action for an accounting against the trustee of an irrevocable trust.
2. Section 736.08135 as a whole limits the required accounting period to no earlier than January 1, 2003, and the first accounting need not go back to the date the trustee assumed fiduciary duties; applying the statute to require accountings earlier than 2003 would impermissibly impair existing contractual obligations.
3. Mesler is not authority for requiring an accounting from the trust's inception when statutory laches limits the accounting period.

Questions Presented

1. Whether the trial court erred in denying the statutory laches defense under section 95.11(6) to limit the years for which accountings were required.
2. Whether the trial court erred in interpreting sections 736.0813(1)(d) and 736.08135(1) to require accountings from the inception of each trust.
3. Whether the trial court erred in relying on Mesler v. Holly, 318 So. 2d 530 (Fla. 2d DCA 1975), as authority to order accountings from the inception of each trust.

Disposition

reversed_and_remanded