Wiss v. Spitzmiller

Gene W. Spitzmiller (“Appellant”) appeals the “Amended Judgment” that removed him and Sharon E. Gunn (collectively, “Trustees”) as trustees of the Norman L. Spitzmiller and Betty Jo Spitzmiller Revocable Trust (“the Trust”).1

In three points relied on, Appellant claims: 1) the trial court lacked “subject matter jurisdiction” to enter the Amended Judgment “after the time for modification [of the original judgment] had elapsed”; 2) Plaintiffs failed to state a claim for the removal of Trustees; and 3) there was no substantial evidence supporting the Amended Judgment.

Because the Amended Judgment…