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Margaret Grasso v. Olga Grasso
Date: 07-23-2014
Case Number: 2D13-5186
Judge: Black
Court: Florida Court of Appeal, Second District on appeal from the Circuit Court, Pinellas County
Plaintiff's Attorney: Roxanne Fixsen, Marie Tomassi, Bruce Marger, and Heidi L. Hobbs of Trenam,
Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for Appellants.
Defendant's Attorney: Joseph W. Fleece, III and Jeffrey A. Eisel of Baskin Fleece, Clearwater, for Appellee.
the Olga Grasso Revocable Living Trust (Trust), challenge various orders entered by
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the trial court regarding the Trust. We reverse the cost/fee order entered on October
18, 2013, to the extent that it taxed costs against Margaret and Michelle individually in
the amount of $7907.10 and remand with instructions to vacate that portion of the order.
We affirm the trial court in all other respects without comment.
Olga Grasso asserted no claims against Margaret or Michelle in their
individual capacities but only as purported cotrustees. As such, Margaret and Michelle
were not parties to the action in their individual capacities and the trial court erred in
taxing costs against them individually. See Beseau v. Bhalani, 904 So. 2d 641, 642
(Fla. 5th DCA 2005) ("Although Appellant, 'individually' was named in the complaint's
caption, the body of the complaint makes clear that her claims were made solely as
personal representative of the estate. Thus, Appellant was never a party to the action in
her individual capacity.").
About This Case
What was the outcome of Margaret Grasso v. Olga Grasso?
The outcome was: Affirmed in part; reversed in part; remanded.
Which court heard Margaret Grasso v. Olga Grasso?
This case was heard in Florida Court of Appeal, Second District on appeal from the Circuit Court, Pinellas County, FL. The presiding judge was Black.
Who were the attorneys in Margaret Grasso v. Olga Grasso?
Plaintiff's attorney: Roxanne Fixsen, Marie Tomassi, Bruce Marger, and Heidi L. Hobbs of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for Appellants.. Defendant's attorney: Joseph W. Fleece, III and Jeffrey A. Eisel of Baskin Fleece, Clearwater, for Appellee..
When was Margaret Grasso v. Olga Grasso decided?
This case was decided on July 23, 2014.