Legal Opinion

Mariani v. Mariani

District Court of Appeal of Florida

Decided February 6, 2013No. 4D11-3659PublishedCited by 2 opinions

1Opinion of the CourtStevenson, J.

Appellant Michael Mariani appeals an order denying his motion for summary judgment, which resulted in a final judgment disposing his entire case. The court below found that appellant is not a current beneficiary under the “clear” and “plain language” of the Jane Mariani Irrevocable Wealth Trust (“Trust”) and therefore is ineligible to request or receive discretionary distributions from, the Trust. We disagree. As the trial court was construing the plain language of the Trust, the standard of review is de novo. Burgess v. Prince, 25 So.3d 705, 706 (Fla. 2d DCA 2010). We find that the terms of…

2Cases cited2 opinions

  1. Knauer v. BarnettSupreme Court of Florida · 1978
  2. Burgess v. PrinceDistrict Court of Appeal of Florida · 2010

3Cited by2 opinions

  1. John S. and James L. Knight Foundation v. Urban PhilanthropiesDistrict Court of Appeal of Florida · 2018
  2. Margaret Green A/K/A Peggy M. Green, Individually, and in Her Capacity as General Partner of Big Oaks Ranch Limited Partnership, and in Her Capacity as Trustee of the Quentin L. Green Living Trust Dated February 19, 2015, and the Estate of Quentin L. Green v. Richard B. Green and Raymond M. Green, in Their Capacity as Limited Partners Of, and Derivatively For, Big Oaks Ranch Limited Partnership, and in Their Capacity as Beneficiaries of the Quentin L. Green Living TrustFlorida Fifth District Court of Appeal · 2026

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