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*** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***
IN THE CIRCUIT COURT FOR LAKE COUNTY,
FLORIDA
Case No. 2012-CA-3843
KAREN J. ROBERTSON, Trustee of the
ROSEMARY A. RYAN REVOCABLE TRUST,
JOINED BY DIANA M. DAVENPORT,
Plaintiffs,
vs.
lectronically Filed 06/11/2013 09:53:04 AM ET
MARK R. RYAN and ROBERT P. RYAN, II,
Defendants.
/
MOTION TO STRIKE LIMITATIONS PERIOD IN
NOTICE OF INTERIM ACCOUNTING
Defendants, Mark R. Ryan and Robert P. Ryan, II, through their undersigned counsel, move
to strike the limitations period set forth in the Notice of Interim Accounting served on May 24,
2013, and as grounds would show:
1. The Notice of Interim Accounting served on May 24, 2013, contains a statement that
the beneficiaries have a period of 30 days in which to file any objections to the accounting, and
“TuJnless an objection is so filed, the Interim Accounting will be deemed approved.”.
2. This limitation notice is contrary to Florida law. In Section 736.0105(2)(d), Fla
Stat.(2013), the terms of a trust cannot override the default rules of the Trust Code on limitations of
actions, and pursuant to the Trust Code, a beneficiary has a 6 month period in which to file
objections to an accounting. This period cannot be shortened by the trust instrument.
3. To the extent that there is any confusion over the default rules, Defendants would
request an extension of time until November 24, 2013, in which to file their objections to the
Interim Accounting.Wherefore, Defendants would request a determination that the 30 day limitation included in
the Notice of Interim Accounting is of no force and effect and that the six month limitations period
under Section 736.1008, Fla. Stat., shall apply. In the alternative, Defendants would request a
extension until November 24, 2013, in which to file their objections to the interim accounting.
/s/ Robert C. Wilkins, Jr.
Robert C. Wilkins, Jr., B.C.S.
Florida Bar No.: 377732
ROBERT C. WILKINS, JR., P.L.
341 .N. Maitland Avenue, Suite 346
Maitland, Florida 32751
407-539-2798 (telephone)
407-539-1995 (facsimile)
Attorney for Defendants
Designated electronic addresses:
Service@wilkinslegal.com
CLA@wilkinslegal.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been filed with the Clerk of
Court and provided by electronic mail to David E. Cauthen, Esquire, 131 West Main Street,
Tavares, Florida 32778, at cauthenoldham@comcast.net and debracauthenoldham@comeast.net on
this 11" day of June, 2013.
/s/ Robert C. Wilkins Jr.
Robert C. Wilkins, Jr.
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*** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. *** IN THE CIRCUIT COURT FOR LAKE COUNTY, FLORIDA Case No. 2012-CA-3843 KAREN J. ROBERTSON, Trustee of the ROSEMARY A. RYAN REVOCABLE TRUST, JOINED BY DIANA M. DAVENPORT, Plaintiffs, vs. lectronically Filed 06/11/2013 09:53:04 AM ET MARK R. RYAN and ROBERT P. RYAN, II, Defendants. / MOTION TO STRIKE LIMITATIONS PERIOD IN NOTICE OF INTERIM ACCOUNTING Defendants, Mark R. Ryan and Robert P. Ryan, II, through their undersigned counsel, move to strike the limitations period set forth in the Notice of Interim Accounting served on May 24, 2013, and as grounds would show: 1. The Notice of Interim Accounting served on May 24, 2013, contains a statement that the beneficiaries have a period of 30 days in which to file any objections to the accounting, and “TuJnless an objection is so filed, the Interim Accounting will be deemed approved.”. 2. This limitation notice is contrary to Florida law. In Section 736.0105(2)(d), Fla Stat.(2013), the terms of a trust cannot override the default rules of the Trust Code on limitations of actions, and pursuant to the Trust Code, a beneficiary has a 6 month period in which to file objections to an accounting. This period cannot be shortened by the trust instrument. 3. To the extent that there is any confusion over the default rules, Defendants would request an extension of time until November 24, 2013, in which to file their objections to the Interim Accounting.Wherefore, Defendants would request a determination that the 30 day limitation included in the Notice of Interim Accounting is of no force and effect and that the six month limitations period under Section 736.1008, Fla. Stat., shall apply. In the alternative, Defendants would request a extension until November 24, 2013, in which to file their objections to the interim accounting. /s/ Robert C. Wilkins, Jr. Robert C. Wilkins, Jr., B.C.S. Florida Bar No.: 377732 ROBERT C. WILKINS, JR., P.L. 341 .N. Maitland Avenue, Suite 346 Maitland, Florida 32751 407-539-2798 (telephone) 407-539-1995 (facsimile) Attorney for Defendants Designated electronic addresses: Service@wilkinslegal.com CLA@wilkinslegal.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been filed with the Clerk of Court and provided by electronic mail to David E. Cauthen, Esquire, 131 West Main Street, Tavares, Florida 32778, at cauthenoldham@comcast.net and debracauthenoldham@comeast.net on this 11" day of June, 2013. /s/ Robert C. Wilkins Jr. Robert C. Wilkins, Jr.