City National Bank v. Simmons

DOWNEY, Judge.

Appellees sued appellant to foreclose a mortgage on realty in Osceola County, Florida, the legal title to which is held by appellant as trustee under an unrecorded Land Trust Agreement. Appellant moved to dismiss appellees’ complaint on the ground among others, that the complaint failed to join the trust beneficiaries who were alleged to be indispensable parties to the suit. This motion was denied. It is appellant’s contention that Fla.R.Civ.P. Rule 1.210(c) does not authorize suit against the trustee alone because the Land Trust Agreement under which the Trustee was empowered…