Fort Myers Memorial Gardens, Inc. v. Barnett Banks Trust Co., N.A.

CAMPBELL, Acting Chief Judge.

This is an appeal and a cross-appeal from a final judgment following a trial without a jury, which found appellee/cross-appellant not liable in conversion, but liable in dam.ages for improper management of trust funds. The judgment assessed damages against appellee/cross-appellant in the amount of $39,969.08. We affirm on appeal and reverse on the cross-appeal.

Appellee was trustee under two trusts originally established by appellant Fort Myers Memorial Gardens, Inc., pursuant to section 559.441, Florida Statutes (1973) and section 559.41, Florida Statutes (1977),…