My question involves court procedures for the state of: FL
I'm trying to figure out how to proceed. I have an appointed Trustee for a Trust in default (for breach) but have two non-appointed(meaning they took over the Trust without authority) Trustees which did a MTD on jurisdictional issues. Now my relief was in two parts:
1.) declaration of new Trustee I appointed, and order the defendants to turn over Trust assets/document, to account, declare breach of trust
2.) once accounting took place, to award damages for the breach of trust if damages resulted from breach.
Now the two non-appointed Trustees have admitted in their MTD that they are not Trustees so I don't see any contested material facts as to #1 of my relief. Would a motion for Partial summary judgment be the correct course of action? Can I do it even though there is no hearing date yet on MTD for the non-defaulted party?