Gren v. Gren
Gren v. Gren , --- So.3d ---, 2014 WL 51640 (Fla. 4th DCA 2014) This case involved a dispute between the ex-wife of a decedent and his surviving spouse who was serving as his Successor Trustee. Since there was a question regarding the construction of the Trust, the ex-wife filed a Petition for Construction of Trust Instrument to seek clarity from the court. Since the Trust had a provision requiring arbitration, the trial court granted a Motion filed by the Successor Trustee to compel arbitration. The ex-wife failed to take any action for six months following the court order compelling arbitration, so the Successor Trustee sought to dismiss her lawsuit, claiming that the ex-wife's failure to arbitrate had prevented her from filing tax returns and distributing assets. The ex-wife responded that any question of delay in her giving notice of arbitration was a question of fact to be determined by the arbitrator, not the trial court. The Appellate Court a...