GURFINKEL V. MARMOR

State: Florida

Court: Florida Third District Court

Docket No: 06-1616

Case Date: 12/12/2007

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2007
Opinion filed December 12, 2007. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D06-1616
Lower Tribunal No. 05-3664

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Rose Gurfinkel, etc., et al.,
Appellants, vs.

Josi, a/k/a Joseph Marmor, etc., et al.,
Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Maria M. Korvick, Judge. Shutts & Bowen and William Jay Palmer and Steven M. Ebner, for appellants. Sheldon Zipkin, for appellees.

Before SHEPHERD, SUAREZ and ROTHENBERG, JJ. SHEPHERD, J.

Rose Gurfinkel and Stuart Marmor, co-Trustees of Goldie Marmor's (their mother) Revocable Trust, appeal a final summary judgment in which the trial court approved an amendment made to the Trust during Goldie's lifetime by her husband, Marten Marmor, under color of a durable power of attorney. We

conclude the trust clearly and unambiguously prohibits the action taken by Marten and accordingly, reverse the judgment on appeal. I. Factual Background and Procedural History

On June 30, 1998, Goldie Marmor, the wife of Marten Marmor and mother of Rose Gurfinkel, Stuart Marmor, and Josi a/k/a Joseph Marmor, executed the Goldie Marmor Revocable Trust (the Trust), appointing her husband as Trustee. The primary asset placed into the Trust was twenty-five shares of stock in Marmor 163-164, Inc. In Article VI of the Trust, Goldie reserved to herself the right "to revoke," "to amend," or "to withdraw" assets from the Trust during her lifetime. She further directed that the Marmor 163-164, Inc. stock be distributed to Rose upon Goldie's death. When Goldie signed the Trust she simultaneously executed a Durable Power of Attorney, appointing Marten to act as the attorney-in-fact. See

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