Ex parte Steve Marshall

Summary

The court granted the mandamus petition in part and denied it in part. It held that the circuit court retained jurisdiction while the prior mandamus proceedings and rehearing application were pending, and that the court acted within its discretion by appointing a special fiduciary to take possession of and administer the trust property. However, the circuit court exceeded its authority by directing the special fiduciary to make factual findings and dispositive legal determinations concerning trustee breaches and removal. The court therefore ordered that portion of the circuit court's order vacated.