Legal Opinion · Concurring in part, dissenting in part

Reid v. Estate of Sonder

District Court of Appeal of Florida

Decided March 23, 2011No. 3D09-3216Published

1Concurring in part, dissenting in partWells, Judge

While I agree with the majority’s resolution of the attorney’s fee issue, for the following reasons I dissent from that part of the opinion affirming denial of reformation of Edgar Sonder’s trust.

Cecilia Reid appeals from an order denying her petition to reform a trust, the order stating only that “[t]he above Amended Petition for Reformation is hereby denied.” In Reid v. Temple Judea, 994 So.2d 1146, 1148 (Fla. 3d DCA 2008), the precursor standing case, this court concluded that “equity will reform an agreement so as to conform to the intent of the parties, when an agreement, which due to a…

2Cases cited19 opinions

  1. Aetna Insurance Company v. PaddockCourt of Appeals for the Fifth Circuit · 1962
  2. Brannen v. State of FloridaSupreme Court of Florida · 1927
  3. Nl v. Dept. of Children and Family Ser.District Court of Appeal of Florida · 2003
  4. Berman v. SandlerMassachusetts Supreme Judicial Court · 1980
  5. Roos v. RoosCourt of Chancery of Delaware · 1964

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