Donkersloot v. Donkersloot

LaROSE, Judge.

Arie Donkersloot, Sr., appeals an amended final judgment that awarded attorney’s fees and costs against him for breach of fiduciary duty. He argues that no motion sought such relief and that the trial court’s equitable award of such relief was error. We agree and reverse that portion of the amended final judgment that assessed attorney’s fees and costs against Mr. Donkersloot.

Underlying this appeal is a Revocable Living Trust Agreement and Family Trust Agreement. Several years of litigation ensued when Johannes Donkersloot sued his father, Mr. Donkersloot, and sister, Angie D.…