Document for SWEET-DONATO, WENDY vs. IN RE: THE JAMES E. SWEET AND JUDIT GRACE BENSON-SWEET TRUST AGREEMENT U/A/D 1/12/2010

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                                Filing # 82474711 E-Filed 12/21/2018 11:50:22 AM



                     IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                              IN AND FOR CHARLOTTE COUNTY, FLORIDA


          WENDY      SWEET-DONATO         and GREG G.
          SWEET,
                                                                  CASE NO.: 2018 CA 000598
                                 Plaintiffs,

          Vv.

          JUDITH GRACE BENSON-SWEET,
          individually and as Trustee of THE JAMES E.
          SWEET AND JUDITH GRACE BENSON-
          SWEET TRUST AGREEMENT w/a/d
          1/12/2010, and JESSE EMMINGER,

                                 Defendants,

                                                          /
                             DEFENDANT’S MOTION                FOR FINAL JUDGMENT

                Defendant,   JUDITH     GRACE        BENSON-SWEET,      individually   and as Trustee   of THE

        JAMES E. SWEET AND JUDITH GRACE                       BENSON-SWEET     TRUST AGREEMENT            wa/d

         1/12/2010, files this Motion for Final Judgment, and states:

                 1      This case is a declaratory judgment action. Plaintiffs filed a Complaint asking this

        Court to determine their rights under the subject trust agreement.

                2       On December      10, 2018,    this Court entered an Order granting Defendant Judith

        Grace Benson-Sweet’s Motion for Summary Judgment in part, finding that The James E. Sweet

        and Judith Benson-Sweet Trust Agreement (“Trust”) is revocable, except as it relates to “separate

        property” as defined in the Trust. As such, the Court held that pursuant to section 736.0603, Florida

         Statutes, the duties of the Trustee of the Trust are owed exclusively to the settlor of the Trust, and

        the Trustee of the Trust owes no duties to Plaintiffs, except as related to any “separate property”

        of the Trust.
3        As the Order granting summary judgment outlines the Plaintiffs’ rights under the

Trust as requested by Plaintiffs in their Amended Complaint, there are no additional issues to be

determined by this Court, and final judgment is appropriate.

          WHEREFORE,        Defendant,   JUDITH     GRACE     BENSON-SWEET,          individually and as

Trustee       of THE   JAMES    E.    SWEET   AND    JUDITH      GRACE   BENSON-SWEET            TRUST

AGREEMENT w/a/d 1/12/2010, respectfully requests entry of a final judgment in this matter, a

direction for the Clerk to close the file, and for any further relief deemed just.

                                     CERTIFICATE OF SERVICE

          I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically

filed with the Clerk of the Court of Charlotte County using the Florida Courts E-Filing Portal and

served by e-mail via the Portal on Eileen T. O’Malley, Esquire, One North Clematis Street, Suite

500 West Palm Beach, Florida 33401, Counsel for Petitioners, comalley@broadandeassel.com;

ajarvis@broadandcassel.com; and idoyl@broadandcassel.com this 21st day of December, 2018.


                                                  BENTLEY & BRUNING, P.A.




                                                  JENNIFER L. GROSSO, ESQ.
                                                  Florida Bar No. 637815
                                                  783 South Orange Avenue, 3“ Floor
                                                  Sarasota, FL   34236
                                                  Telephone: 941-556-9030 Facsimile: 941-312-5316
                                                  Primary Email: jgrosso@bentleyandbruning.com
                                                  Secondary Email: mdiven@bentleyandbruning.com
                                                  Counsel for Judith Grace Benson-Sweet