GMRI, INC. v. ELLSWORTH, 922 So.2d 202 (Fla.App. 2 Dist. 2006)

GMRI, INC., Appellant, v. W. WILLIAM ELLSWORTH, JR.; DORIS W. ELLSWORTH; RHEA GRAFTON CHILES, a/k/a RHEA G. GILES, as Trustee of the Family Trust Created Under the Last Will and Testament of Lawton M. Chiles, Jr., and as Trustee of the Rhea G. Giles Revocable Trust Agreement dated June 1, 2000; LAWTON M. CHILES, III, as Trustee of the Family Trust Created Under the Last Will and Testament of Lawton M., Chiles, Jr., and as Trustee of the Marital Trust Created Under the Last Will and Testament of Lawton M. Chiles, Jr.; EDWARD G. CHILES, as Trustee of the Family Trust Created Under the Last Will and Testament of Lawton M. Chiles, Jr., and as Trustee of the Marital Trust Created Under the Last Will and Testament of Lawton M. Chiles, Jr.; and DEPARTMENT OF TRANSPORTATION, Appellees.

Case No. 2D05-3102.District Court of Appeal of Florida, Second District.
Opinion filed February 15, 2006.

Appeal from the Circuit Court for Hillsborough County, Gregory P. Holder, Judge.

John T. Wettach, Jr., of Lowndes, Drosdick, Doster, Kantor
Reed, P.A., Orlando, for Appellant.

Gregory S. Rix and Jackson H. Bowman of Brigham Moore, LLP, St. Petersburg, for Appellees W. William Ellsworth, Jr.; Doris W. Ellsworth; Rhea Grafton Chiles; Lawton M. Chiles, III; and Edward G. Chiles.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Duff, Assistant Attorney General, Tampa, for Appellee Department of Transportation.

PER CURIAM.

Affirmed.

SALCINES and WALLACE, JJ., and SEALS, JAMES H., ASSOCIATE JUDGE, Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

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