In short: In Battaglia v. Battaglia (Fla. 6th DCA 2025), a co-trustee of a family trust was removed and held personally liable for $2,288,771.99. The court reversed $2,168,719.99 of that, because those were undistributed funds still held by the family entities. Breach-of-trust damages restore actual losses under § 736.1002; they aren’t a windfall.
Proving a breach of trust is one thing. Proving how much the trustee personally owes is another.
The Facts
After a five-day bench trial, the circuit court removed a co-trustee of a 1972 family irrevocable trust and entered a $2,288,771.99 judgment against him personally. The trust’s main asset was an interest in a family corporation that serves as general partner of a family limited partnership.
The Decision
On rehearing, the Sixth District affirmed in part, reversed in part, and remanded (No. 6D2023-1658, Dec. 23, 2025). It reversed $2,168,719.99 of the judgment, which represented undistributed funds of the corporation and partnership that should have gone to the trust. No competent, substantial evidence supported charging the trustee personally with that amount, because the entities still had the money and could distribute it.
The Law
Under § 736.1002, a trustee who commits a breach of trust is liable for the greater of the amount needed to restore the trust to what it would have been without the breach, or the profit the trustee made by the breach. Damages compensate for actual losses, not windfalls (MCI Worldcom Network Servs. v. Mastec, 995 So. 2d 221 (Fla. 2008)).
Lessons
- Removal and damages are separate remedies. A trustee can be removed even if damages are small.
- When assets sit in family entities, the right remedy may be an order compelling distribution, not a personal judgment.
- Build the damages case with an accountant who can trace where the money actually is.
The trust case begins at about 31:20 in the session recording below.
Source: Battaglia v. Battaglia, No. 6D2023-1658 (Fla. 6th DCA Dec. 23, 2025).
Watch the Oral Argument
This is the recording of the Sixth District session that included the Battaglia argument (Case 3, beginning at about 31:20), posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Florida Insurance Appeal & Trust Dispute | Property Damage Claims Battle | 6th DCA
Go Deeper
- Florida Trustee Duties and Beneficiary Rights: Accountings, Self-Dealing, and the 6-Month Deadline
- Successor Trustee in Florida: What to Do When You Take Over a Trust (and When the Last Trustee Won’t Hand It Over)
- Who Pays the Lawyers in a Florida Trust Lawsuit? Attorney Fees, Trust Assets, and Penalty Clauses
Frequently Asked Questions
What damages can a Florida trustee owe for breach of trust?
The greater of the amount needed to restore the trust or the trustee’s profit from the breach (§ 736.1002).
Can a trustee be removed without owing damages?
Yes. Removal and surcharge are separate remedies under § 736.1001.
Why was most of the Battaglia judgment reversed?
The funds were still held by the family entities, so the trust hadn’t lost them.
Which court decided Battaglia v. Battaglia?
Florida’s Sixth District Court of Appeal, on rehearing, in December 2025.
Talk to a Florida trust litigation lawyer
Weidner Law, P.A. handles Florida trust disputes and probate appeals from St. Petersburg. If you need a trust litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
