## Facts

- A family dispute arose from alleged misappropriation of assets from two related trusts: the Halpern Trust (created under Beatryce Halpern’s will) and the Anton Trust (a residuary trust created under Maralyn Anton’s estate plan).
- The Halpern Trust provided income for a mentally challenged beneficiary and named Maralyn’s children as remainder beneficiaries; the trust instrument required at least two serving trustees.
- Jared Anton served as a trustee and was accused by siblings (including Mitchell Anton) of misappropriating funds from both trusts.
- After Maralyn’s death, Mitchell became a successor co-trustee of the Halpern Trust and later, along with another sibling, became a successor co-trustee of the Anton Trust after Jared resigned.
- Mitchell (individually and as co-trustee) and two siblings sued Jared to recover misappropriated trust funds; two other Halpern Trust co-trustees (Tracy Anton and Elizabeth Krup) were not joined as plaintiffs.
- Jared admitted misappropriation and pleaded guilty to three counts of grand theft.
- The trial court entered final summary judgment against Jared for $141,516 in damages but denied treble damages under Florida’s civil theft statute.
- One co-trustee submitted an affidavit supporting Mitchell’s action; the other co-trustee attempted to intervene and pursued removal claims against the co-trustees aligned against Jared.

## Issues

1. Whether the trial court erred by denying treble damages under Florida’s civil theft statute after undisputed proof that a trustee misappropriated trust funds.
2. Whether summary judgment for the trust was improper because it was obtained by one co-trustee without the consent and joinder of the other serving co-trustees.

## Decision

- The appellate court reversed the denial of treble damages and remanded for entry of the statutory treble-damages remedy.
- The appellate court affirmed the final summary judgment against Jared on the cross-appeal.
- The court rejected the argument that the judgment was invalid solely because all co-trustees were not joined as plaintiffs under the circumstances presented.

## Legal Principles

- When civil theft is established under Florida law by the required evidentiary standard, treble damages are a mandatory statutory remedy and may not be withheld on an ad hoc basis.
- A trustee’s admitted misappropriation of trust assets, including conduct resulting in a guilty plea to theft offenses, can supply undisputed proof supporting summary judgment for civil theft damages.
- A co-trustee may maintain an action to recover trust property without joinder of every co-trustee where at least one co-trustee concurs and a non-joined co-trustee is adverse or otherwise not acting to enforce the trust’s claim.
- Trustees have fiduciary duties to act diligently to protect trust assets and to pursue recovery for breaches affecting beneficiaries.

## Conclusion

The court held that proven civil theft by a trustee requires treble damages under the statute and that, on this record, a single co-trustee could obtain summary judgment to recover misappropriated trust funds despite non-joinder of all co-trustees.


Anton v. Anton, 763 So. 2d 404 (Fla. 4th DCA 2000)