Jacobson v. Sklaire

Michele S. Jacobson and Aline Sklaire, as successor co-trustees of the Jacob C. Sklaire Trust (hereafter “co-trustees”), appeal an order denying their Florida Rule of Civil Procedure 1.540 motion to vacate an April 13, 2009, order. Because the trial court abused its discretion in denying the motion, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Following an evidentiary hearing, on April 13, 2009, the trial court signed an order entitled “Order Granting Plaintiffs Motion to Determine Individual Liability of Co-Trustees,” finding that the co-trustees were jointly and severally personally liable…