January 10th, 2012
Trust litigation often involves many components. If there is a dispute with a trustee, the plaintiffs often request removal of the trustee, an accounting, and damages. As a practical matter, courts will often deal with the various requests for relief in a piecemeal fashion. Thus, a court may enter an order removing a trustee and appointing a successor trustee many months before actually reaching a decision whether the trustee did, in fact, breach its fiduciary duties.
When these matters are addressed through separate orders, the question often becomes “can I appeal and when?” In Guardianship & Protective Services, Inc. v. Setinsek, an Ohio Court of Appeals addressed that question under Ohio law. (more…)