Justice Anil C. Singh


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Plaintiff sued his father for breach of trust, breach of contract, and conversion. In 1982, defendant created a trust for the benefit of his four children, including plaintiff. Plaintiff later went to work for defendant, who was a real estate investor and developer. A partnership was formed in 1992 as a vehicle for acquiring a portfolio of real estate and loans from Nations Bank. Defendant gave plaintiff 40% of his Class B interest as an inducement to come into the business. Plaintiff contended that defendant wrongfully diverted his distributions from the partnership since 2004, improperly usurped the role of trustee and baselessly rejected plaintiff’s request for distributions for legitimate financial obligations, the trustees wrongfully co-mingled the trust’s assets with plaintiff’s partnership distributions, and defendant wrongfully withdrew assets from the trust and failed to replenish the trust. The court held that plaintiff’s allegation that the trustees improperly failed to make distributions to him for legitimate financial obligations is time-barred under both the three- and six-year statutes of limitations, noting that this cause of action accrued in May 2006 after the trustees failed to make the payment and plaintiff sued in Florida for breach of trust.