Harrell v. Badger

ON MOTION FOR CLARIFICATION

WALLIS, J.

In consideration of the parties’ motions for clarification, we withdraw our prior opinion and substitute this opinion in its stead.

Appellants, Joann Harrell (“Harrell”) and Barbara Dake (“Dake”), appeal from a final judgment discharging Appellee, Charles Badger (“Badger”), as trustee of the Trust created by Appellants’ mother, Rita Wilson (“Rita”), and from an order awarding attorneys’ fees to Badger. We reverse the final judgment as a result of Badger’s failure to comply with section 736.04117, Florida Statutes (2008), and, noting Badger’s numerous…