Campbell v. Chitty

Campbell v. Chitty, 131 So.3d 9 (Fla. 1st DCA 2012)

This case involved an appeal of a trial court order imposing monetary sanctions on a trustee of several trusts for breach of fiduciary duty.  The Appellate Court remanded for two reasons: (1) The trusts had an indemnification clause which indemnified the trustee unless her actions were negligent and the trial court did not make a finding of negligence, and (2) The judgments against the trustee required her to both repay the trusts and have her share of the trusts be set off by the same amount, which was essentially double recovery.


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