Third District Court of Appeal
State of Florida
Opinion filed July 29, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-2639
Lower Tribunal No. 11-755
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Jason Giller and Jamie Giller,
Appellants,
vs.
Brian Giller and Anita Grossman,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Bernard S.
Shapiro, Judge.
Jason B. Giller, for appellants.
Law Offices of Andrew B. Peretz, P.A., and Andrew B. Peretz and Jacob M.
Resnick, for appellee Brian Giller; and William C. Hearon, for appellee Anita
Grossman.
Before SUAREZ, C.J., and ROTHENBERG and EMAS, JJ.
ROTHENBERG, J.
Jason and Jamie Giller appeal the trial court’s order allowing Anita
Grossman, as trustee, to make a distribution of trust assets to their father, Brian
Giller, and finding that Grossman did not need the court’s approval to make the
distribution she had already decided to make. The order from which Jason and
Jamie Giller appeal appears on its face to be permissive rather than mandatory in
nature, and we are unable to determine that the trial court erred in allowing the
distribution of assets without the benefit of a transcript from the relevant hearing
on the issue, Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152
(Fla. 1979).1 We accordingly affirm the order on appeal.
Affirmed.
1 Because the court reporter was unavailable for the hearing, the appellants should
have prepared a statement of the evidence or proceedings for this Court to review
in lieu of an official transcript. Fla. R. App. P. 9.200(b)(4).
2