Neale v. Aycock
| Decision Date | 16 December 1976 |
| Docket Number | No. CC--180,CC--180 |
| Citation | 340 So.2d 535 |
| Parties | Christopher T. NEALE, Appellant, v. Thomas J. AYCOCK, III, et al., Appellees. |
| Court | Florida District Court of Appeals |
James H. Harrison, of Malone & Harrison, Orlando, for appellant.
John B. Chandler, Jr. and Paul P. Sanford of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellees.
Interlocutory review is sought of an order entered in the circuit court of Lafayette County staying all proceedings in that action until termination of a certain pending action in the circuit court of Duval County.
In June of 1960, Thomas J. Aycock, Sr. executed a trust agreement naming Ava Johnson Aycock, Thomas J. Aycock, Jr. and Ava Aycock Neale Parker as co-trustees. Pursuant to a provision of the trust agreement the Florida First National Bank of Jacksonville was named a co-trustee following the death of Ava Johnson Aycock in 1964.
Christopher T. Neale, Appellant, is the grandson of Thomas J. Aycock, Sr., and the son of Ava Aycock Neale Parker. Under the terms of the trust, appellant was to receive a portion of the income generated by the trust from his 25th birthday until the death of his mother. Upon the latter event, he contends that he was entitled to have distributed to him one quarter of the principal of the trust. Appellant's mother died on March 26, 1975. The primary trust asset is a tract of land in Lafayette County containing in excess of 24,000 acres and valued at more than $6,000,000.
Within two months of the death of appellant's mother, David S. Parker, as administrator of the estate of Ava Aycock Neale Parker, filed an action in the circuit court of Duval County against the Florida First National Bank and Dorothy DeShong Aycock, as personal representative of Thomas J. Aycock, Jr. All counts of that complaint have been dismissed with prejudice except a count seeking an accounting, primarily attacking the propriety and correctness of expense allocations as between principal and income over the term of the trust, and a temporary injunction enjoining distribution of the trust asserts pending a complete audit. Appellant is not a party to that action.
On February 19, 1976, appellant, as plaintiff, commenced a partition suit in Lafayette County seeking to have partitioned and distributed to him that portion of the trust assets to which he allegedly became entitled under the terms of the trust upon the death of his mother. Among the defendants in that action are the appellees here, the Florida First National Bank of Jacksonville, as trustee for Cherye Darline Aycock, a beneficiary under the Thomas J. Aycock trust, and the Florida First National Bank of Jacksonville, as a co-trustee of the Thomas J. Aycock trust.
Upon motion of Florida First National Bank of Jacksonville filed in the partition action pending in Lafayette County, the circuit judge entered the order here appealed staying all further proceedings and action until termination of the Duval County case.
Unquestionably, a trial court has broad discretion to order or deny an application for a stay of proceedings in cases pending before it. (Air Comfort Mechanical, Inc. v. Simmons, Fla.App.2d 1971, 252 So.2d 285, 30 Fla.Jur., Stay of Proceedings, ...
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...in indefinite limbo without a ruling--which the lower court has never made--as to whether this is the case or not. See Neale v. Aycock, 340 So.2d 535 (Fla. 1st DCA 1976), cert. denied, 351 So.2d 405 (Fla.1977). Hence, we vacate the stay of the pending motions attacking the temporary injunct......
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