# Whitney v. Brown

> District Court of Appeal of Florida · November 12, 1991 · 588 So. 2d 681

URL: https://www.frixlaw.com/law-library/cases/7595860

## Case

- **Full name:** Walter E. WHITNEY, etc. v. Joseph C. BROWN, etc.
- **Court:** District Court of Appeal of Florida
- **Decided:** November 12, 1991
- **Citations:** 588 So. 2d 681; 1991 Fla. App. LEXIS 11536; 1991 WL 232244
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Barkdull, Nesbitt, Schwartz
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7595860

## Opinion text

PER CURIAM.
A trustee appeals an order granting summary judgment in favor of one of the defendants in an action claiming mismanagement of trust assets. We affirm.
At the hearing on the defendant's motion for summary judgment, the trustee’s counsel admitted:
That’s right, Your Honor. If they’re going to produce everything, and she [defendant] has produced everything she had under her control, we don’t contest the motion for summary judgment, although we would ask the court to hold off on ruling until they’ve produced those documents.
Based on the above statement, and because the dismissed party swore she had produced all documents, and in light of the fact that the trustee came forward with no evidence proving otherwise, we affirm the trial court’s order. As in White v. Soni, 550 So.2d 75 (Fla. 3d DCA 1989), “the plaintiff invited the trial court to follow the procedure employed....” See Sundale Assoc. Ltd. v. Southeast Bank, 471 So.2d 100 (Fla. 3d DCA 1985) (error affirmatively invited could not be successfully presented on appeal). At the instant hearing, counsel conceded that the dismissed party was in the action because she had papers that the trustee felt he needed to prove the mismanagement he alleged.
Accordingly, the trial court’s order is affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7595860. Public record. Not legal advice.