In short: In Goldstone v. Auston (Fla. 4th DCA 2025), family members appealed a Broward County final judgment in favor of the trustee of the Auston Family Trust Agreement. After oral argument, the Fourth District affirmed without opinion on June 26, 2025. Most probate and trust appeals end this way, which is why the trial record matters most.
This case is a short one in the record and a useful one for families weighing an appeal.
The Case
The appellants challenged a final judgment from the Broward County circuit court in favor of the trustee, individually and as trustee of the Auston Family Trust Agreement (No. 4D2023-2426). The court heard oral argument on June 17, 2025.
The Result
Nine days after argument, the Fourth District affirmed without opinion on June 26, 2025. A per curiam affirmance (PCA) means the appellate court agreed with the result below without writing an opinion. It sets no precedent, and because there is no opinion, the Florida Supreme Court generally can’t review it. The issues described here are the ones argued; the court didn’t say which arguments it accepted.
Why So Many Trust Appeals End in a PCA
- Appellate courts defer to trial judges’ findings of fact if supported by competent, substantial evidence.
- Trust cases are tried to a judge, who weighs credibility and evidence.
- Errors must be preserved in the trial court to be reviewed.
What a PCA Means for You
- The judgment stands.
- There is usually no further review; the Florida Supreme Court generally lacks jurisdiction over a PCA.
- A motion for a written opinion is possible but rarely granted.
- The prevailing party may seek appellate fees if a statute or the trust allows (§ 736.1005 for trust litigation fees from the trust).
Lessons
- The trial is where trust cases are won. Invest in the record, the experts, and the evidence.
- Before appealing, get an honest assessment of the standard of review.
Source: Goldstone v. Auston, No. 4D2023-2426 (Fla. 4th DCA June 26, 2025).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. The court affirmed without a written opinion, so nothing said at argument should be read as the court’s reasoning.
A Family Trust Agreement Fight in Broward — Affirmed Without a Stated Issue
Go Deeper
- JOHN DANIEL SMITH v. KENNETH EDWARD KEMP, II, ELIZABETH CLAIRE BENTLEY, and PATRONE, KEMP, BENTLEY & MACE, P.A., ET AL.
- Florida Probate Appeals: The Rules, the Record, and the Reality
- Who Pays the Lawyers in a Florida Trust Lawsuit? Attorney Fees, Trust Assets, and Penalty Clauses
Frequently Asked Questions
What is a PCA in a Florida appeal?
A per curiam affirmance without a written opinion. It sets no precedent and generally can’t be reviewed by the Florida Supreme Court.
Why do so many trust appeals end in a PCA?
Appellate courts defer to the trial judge’s findings and review only preserved errors.
Can attorney's fees be paid from the trust in trust litigation?
In some cases, under § 736.1005 and § 736.1004.
What happened in Goldstone v. Auston?
The Fourth District affirmed without opinion in 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.
