9 results for 'cat:"Settlements" AND cat:"Trusts"'.
J. Kelly finds that the trial court properly ruled in a trust termination suit filed by an attorney, who previously represented a minor in a personal injury case that established an annuity to be paid to the minor through a trust. The trial court signed an agreed order discharging the trust, ordering it to make payments to the minor and the attorney. However, after the trust sought to vacate the order on the grounds it interfered with its contractual rights to the owner of the annuity, the trial court rescinded its previous order. On appeal, the attorney seeks to challenge the trial court's decision. Because the court's order vacating the agreement is not a final appealable judgment, the attorney lacks the authority to bring his challenge.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 19, 2024, Case #: 03-23-00791-CV, Categories: settlements, trusts
J. Stargel finds that the trial court erred ordering a son and daughter to share equally rental income received from their mother’s property after her death. The son was entitled to only one-third of the total rental income. The daughter moved into the residence and breached her fiduciary duty by not paying the trust rent. Therefore, the appeals court remands this case back to the trial court to modify the damages. The trial court did properly order the daughter to pay the trust $25,900 in rental income she received from her niece who lived in the guest home. Reversed in part. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: January 5, 2024, Case #: 6D23-1505, Categories: settlements, trusts
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J. Seitz finds that state law fraudulent transfer claims brought by a post-bankruptcy litigation trust constituted direct claims because the relief went to the creditors, not the company. Thus, the settlement payment and defense costs were not covered under insurance policies as a securities claim.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: December 15, 2023, Case #: 478, 2022, Categories: settlements, Securities, trusts
Per curiam, the Hawai’i Supreme Court finds the claims administrator and circuit court properly denied the petitioner’s petition for writ of mandamus alleging he was part of the class of Native Hawaiian people that were waitlisted for homesteads from the Hawaiian Homelands Trust. The petitioner lacks any claim to compensation because he was born beyond the statutory period resulting in him being too young to receive a payout. The Supreme Court rejects the petition for appeal and remands back to the circuit court.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: SCPW-23-571, Categories: Property, settlements, trusts