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In re Miller

Case Conclusion Date: 12.14.2009

Practice Area: Appeals

Outcome: Appeal dismissed

Description: My opponent, the defendant, was the trustee of a trust that terminated in January 2002. Her responsibility as the trustee of the terminated trust was to liquidate the assets, pay any debts, and distribute the remaining funds to the beneficiaries witin a reasonable time. When she had failed to accomplish anything for 18 months, my clients, the other beneficiaries, sued the trustee for her delay. A trial was held in 2006, which resulted in valuable benefits to my clients. Right before the trial court was going to determine how much money the trustee owed my clients, the trustee appealed. In January 2008, we moved to dismiss the appeal as premature, as the trial court had not yet finalized the amount due to my clients. In December 2009 the appellate court dismissed the appeal at our request, agreeing that the trustee's appeal was premaute.

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