The 2023 Florida Statutes (including Special Session C)
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. . . .§ 733.106(3), Fla, Stat. (2012). . . . Hampton argues that the trial court erred in denying her claim for attorney’s fees because, under section 733.106 . . . ’s decision to deny Hampton’s request for attorney’s fees depended on the interpretation of section 733.106 . . . Section 733.106(3) provides: “Any attorney who has rendered services to an estate may be awarded reasonable . . .
. . . The order .was based on section 733.106, Florida Statutes (2011). . . .
. . . Bell, 746 So.2d 1100, 1104 (Fla. 2d DCA 1999) (“[Sjection 733.106, which provides for attorney’s fees . . .
. . . P. 1.525 [and] Sections 86.081, 733.106, [and] 733.609, Florida Statutes [ (2009) ].” . . .
. . . awarding fees and costs to appellees Wayne Smalls and Wintter & Associates under sections 57.105 and 733.106 . . . Stat. 733.106.” . . . The fees in the trial court level amounted to $73,295 and were awarded under both sections 733.106 and . . . from appellants’ share of the estate pursuant to section 733.106(4). . . . Section 733.106(4.) . . .
. . . The trial court awarded the brother attorney’s fees against Jeanne under sections 733.609 and 733.106 . . . Section 733.106(3) is not implicated because the brother’s attorney did not render “services to an estate . . .
. . . attorney’s fees and costs pursuant to Florida Rule of Civil Procedure 1.442 and sections 768.79 and 733.106 . . . amended motion, Fels argued that he was entitled to fees under the following sections: (i) section 733.106 . . . estate or for torts committed in the course of administration of the estate if personally at fault. §§ 733.106 . . . was entitled to fees pursuant to sections 733.609(1) and 733.619(2), but denied fees under section 733.106 . . . As part of that appeal, Fels moved for an award of appellate attorney’s fees pursuant to sections 733.106 . . .
. . . Section 733.106, Florida Statutes, provides, in pertinent part, that “[a]ny attorney who has rendered . . . services to an estate may be awarded reasonable compensation from the estate.” § 733.106, Fla. . . .
. . . compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106 . . .
. . . The children’s attorney also testified, claiming that she was entitled to fees based upon section 733.106 . . . Because the appellees argued entitlement pursuant to section 733.106, Florida Statutes, and the trial . . . Section 733.106(3), Florida Statutes, provides: “Any attorney who has rendered services to an estate . . . Section 733.106(3) does not provide a valid basis for personal liability for attorney’s fees. . . .
. . . declared as adversarial, rule 1.525 governed a motion for attorney’s fees filed pursuant to section 733.106 . . . Although Hays involved a different fee statute than the case before us, section 733.106(2) and section . . . Section 733.106 provides for an award of fees when a person in good faith offers a will for probate and . . . when an attorney renders services to the estate. § 733.106(3). . . .
. . . compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106 . . .
. . . We noted that section 733.106(4), Florida Statutes, permits the court to direct from what part of an . . . fees against a beneficiary’s portion of the estate for frivolous litigation consistent with section 733.106 . . .
. . . In probate matters, section 733.106, Florida Statutes (2003), controls the question of attorney’s fees . . . The Fourth District reversed based on section 733.106(3), stating: “[the devisee] was successful in maintaining . . . Thus, under section 733.106(3), Deborah and Frank are entitled to reimbursement of the attorney’s fees . . . Further, section 733.106(4) provides that the court may direct from what part of the estate attorney’ . . .
. . . filed a petition for order authorizing the payment of attorney’s fees and expenses pursuant to section 733.106 . . .
. . . . § 733.106(3)-(4), Fla. . . . authority to apportion the costs of that proceeding personally individually among the litigants, § 733.106 . . .
. . . Duncombe then sought attorney’s fees incurred during these proceedings under section 733.106(3), which . . . The error in this case involved the interpretation of the words “benefit to the estate” in section 733.106 . . .
. . . . § 733.106, Fla. Stat. Costs and attorneys fees. § 733.212, Fla. Stat. . . .
. . . . § 733.106, Fla. Stat. Costs and attorney’s fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla. . . .
. . . she should have been awarded attorney’s fees and costs for prevailing in the litigation under section 733.106 . . .
. . . . § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla. Stat. . . . General definitions. § 733.106, Fla. Stat. Costs and attorney’s fees. § 744.105, Fla. Stat. . . .
. . . had discretion equitably to apportion estate taxes and administrative expenses pursuant to sections 733.106 . . . had discretion equitably to apportion estate taxes and administrative expenses pursuant to sections 733.106 . . . Section 733.106(4) addresses only attorney’s fees and costs, permitting the court, in its discretion, . . . Compare § 733.106(4), Fla. Stat. (1995) with § 733.106(4), Fla. Stat. (2003). . . . However, section 733.106(4) provides no support for appellee’s argument that the trial court had discretion . . .
. . . . § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla. Stat. . . .
. . . .” § 733.106(3), Fla. Stat. . . .
. . . . § 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla. Stat. . . .
. . . . § 733.106, Fla. Stat. Costs and attorney^ fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla. . . .
. . . Trust, where Marilyn had sought to charge 100% of those fees against the Shirley Trust under section 733.106 . . . Millender, 721 So.2d 426 (Fla. 4th DCA 1998), whereby we held Florida Statutes 733.106(3), which authorizes . . . The beneficiary sought repayment of her attorneys’ fee under section 733.106(3). . . . We held the beneficiary’s fees were not recoverable under section 733.106(3), since the underlying litigation . . . Main Trust, and we hold the probate court was free to apportion the fee award in its discretion. § 733.106 . . .
. . . Conger, 448 So.2d 609, 612 (Fla. 3d DCA 1984); § 733.106(1), Fla. . . .
. . . See § 733.106(3), Fla. Stat. (1997). . . .
. . . Finally, the order refers to sections 733.106 and 733.609, Florida Statutes (1995), in addition to Section . . . The trial court should also clarify the application of sections 733.106 and 733.609, Florida Statutes . . .
. . . that the trial court erred by refusing to award him attorney’s fees pursuant to sections 737.627 and 733.106 . . . In Dayton, the Third District held that section 733.106, which provides for attorney’s fees for services . . . The court explained that section 733.106 provided a claim for fees for prosecuting the action itself, . . . Section 737.627 is similar to section 733.106 in that it provides for attorney’s fees for defending the . . . Section 733.106(4), Florida Statutes (1995), allows a court to direct from which portion of the estate . . .
. . . maintains that she is shielded from personal liability for the appellees’ costs by virtue of section 733.106 . . . Section 733.106(2) provides that: A person nominated as personal representative of the last known will . . . Had the Florida legislature intended section 733.106(2) to be applicable only to a decedent’s last known . . . The Landon court construed section 733.609, Florida Statutes (1993), not section 733.106(2), and held . . . Finally, we note that section 733.106(1), Florida Statutes (1997), specifically provides that “[i]n all . . .
. . . See §§ 733.106(2), .617, Fla. Stat. (1995); Johnson v. . . .
. . . Appellant first argues that the trial court should have granted her fees under section 733.106(3), Florida . . .
. . . . § 733.106(1), Fla.Stat. (1997); § 733.609, Fla.Stat. (1997); Dayton v. . . .
. . . received in 1992 an award of costs and fees in the amount of $337,598.69 out of the estate under section 733.106 . . . Appel-lees moved for fees under section 733.106, Florida Statutes, and on November 3, 1992, the court . . . arguing that Appellees are not entitled to both the contingency fee and the fee award under section 733.106 . . . fee for their services, Appellees have already received such a fee via the 1992 award under section 733.106 . . .
. . . We affirm the order awarding fees from appellant’s portion of the estate pursuant to section 733.106. . . .
. . . Lindenmayer argues that he is allowed, pursuant to section 733.106(3), Florida Statutes (1995), to apply . . . Section 733.106(3) requires Lindenmayer to give informal notice to the personal representative and to . . . Section 733.106(3) allows the attorney to apply for these fees at any time during the pendency of the . . . not meet the requirements of Stockman, this court found that the petition filed pursuant to section 733.106 . . . which could encompass more than merely having defended the petition to revoke probate, and section 733.106 . . .
. . . .” § 733.106(1), Fla.Stat. (1993). . . .
. . . Next, we reverse the trial court’s awards, purportedly entered under section 733.106(3), Florida Statutes . . . legal services in question in fact were rendered “to [the] estate,” or for its benefit, as section 733.106 . . .
. . . that point; and (3) the order assessing costs did not specify whether costs were awarded under section 733.106 . . . Appellant’s argument is predicated upon section 733.106(3), Florida Statutes (1993), which provides: . . .
. . . We especially observe that section 733.106(3) is inapplicable as a basis for the fee award. . . .
. . . trial court erred in granting attorney fees to the appellee, Wilhelm Nerreter, pursuant to section 733.106 . . . Section 733.106(3), Florida Statutes has been interpreted to permit attorney’s fees when the estate has . . . Thus, in order to be entitled to attorney fees under section 733.106(3), the attorney’s services must . . . Rule 5.090(c) is strikingly similar to the current section 733.106(2), and neither is applicable to the . . .
. . . recalcitrance of the beneficiaries, they may and should be taxed in the creditor's favor under section 733.106 . . .
. . . Section 733.106, Florida Statutes (1989), provides for the award of costs and attorney fees in probate . . . Section 733.106(3), Florida Statutes (1989), provides that "[a]ny attorney who has rendered services . . .
. . . lost or destroyed will, but argues that he was nevertheless entitled to attorney’s fees under section 733.106 . . . Notwithstanding his lack of success in establishing a lost will, appellant sought attorney’s fees under section 733.106 . . .
. . . for attorney’s fees for services rendered in this appeal pursuant to Fla.R.App.P. 9.400 and section 733.106 . . .
. . . Carman, Jr., pursuant to section 733.106(3), Florida Statutes (1989). . . . which could encompass more than merely having defended the petition to revoke probate, and section 733.106 . . .
. . . Notice; method and time; proof. 733.106, Fla.Stat. Costs and attorney fees. 733.212, Fla.Stat. . . . Statutory References § 733.106, Fla.Stat. Costs and attorney fees, § 744.105, Fla.Stat. . . .
. . . See § 733.106, Fla.Stat. (1991). . . .
. . . the authority for an award of attorney’s fees to the estate, but we presume it is pursuant to section 733.106 . . . Section 733.106(3) allows any attorney who has rendered services to an estate to apply for an award of . . . Subsection 733.106(4). . . . Subsections 733.106(3) and 733.106(4) do not contemplate imposition of personal liability for the fees . . .
. . . an award of attorney’s fees pursuant to statute concerning attorney’s fees in estate cases, section 733.106 . . .
. . . See § 733.106, Fla.Stat. (1989). . . .
. . . . § 733.106(2), Fla.Stat. (1989); In re Estate of Gaspelin, 542 So.2d 1023 (Fla. 2d DCA), review denied . . . petitioned this court for attorneys’ fees for services rendered in this appeal pursuant to section 733.106 . . .
. . . In the instant case, attorneys’ fees were awarded pursuant to section 733.106(3), Florida Statutes (1989 . . .
. . . Although fees may be awarded to an attorney who initially represents a beneficiary pursuant to section 733.106 . . .
. . . Section 733.106, Florida Statutes, authorizes the payment of attorney fees to any attorney who has rendered . . . Section 733.106, Florida Statutes, provides that in probate proceedings, the court may award costs as . . .
. . . The thrust of sections 733.106 and 733.617, Florida Statutes, is to provide for the employment and compensation . . .
. . . contest was taken in good faith and the assessment against them is contrary to the law construing section 733.106 . . . The court found that section 733.106(4), Florida Statutes (1983), gave the probate court latitude in . . . Therefore the assessment against appellants is unwarranted under section 733.106(4). . . . See sections 733.106(2), 733.612(19) and 733.612(20) (which authorize the personal representative to . . . Section 733.106(4) Fla.Stat. (1987), provides: (4) When costs and attorney fees are to be paid out of . . .
. . . . § 733.106, Fla.Stat. (1987). .§ 738.13, Fla.Stat. (1987). . . .
. . . The award was based on section 733.609, Florida Statutes (1987) and section 733.106(3), Florida Statutes . . . Count II of the petition was a claim for attorney’s fees under section 733.106(3), Florida Statutes. . . . Gastel next contends appellees are not entitled to attorney’s fees under section 733.106(3), Florida . . . Gastel contends that appellees are not entitled to attorney’s fees under section 733.106(3), Florida . . . Accordingly, the attorney’s fees awarded against the estate under section 733.106(3), Florida Statutes . . .
. . . The court found that the attorneys’ services were therefore awardable pursuant to Section 733.106(3), . . . which benefited the estate and were therefore entitled an award from the estate pursuant to Section 733.106 . . . If they did, then pursuant to Section 733.106(3), they were entitled to compensation from the estate. . . . Section 733.106(3). . . . Section 733.106(3), Florida Statutes, provides: (3) Any attorney who has rendered services to an estate . . .
. . . . § 733.106, Fla.Stat. (1985). . . . The estate argues that no fees are awardable under section 733.106(3), Florida Statutes (1985), because . . . We do not need to determine whether the beneficiaries’ attorney is entitled to a fee under section 733.106 . . .
. . . s fees against a beneficiary’s portion of the estate for frivolous litigation caused the estate, §§ 733.106 . . .
. . . F.S. 733.106 Costs and attorney fees. . . .
. . . F.S. 733.106 Costs and attorney fees. . . .
. . . The authority for allowing attorney’s fees in an estate proceeding is found in section 733.106(3), Florida . . .
. . . Jones pursuant to F.S. 733.106, subparagraphs 1, 3 and 4, which provide as follows: “(1) In all probate . . . This court does have jurisdiction to award attorney fees and costs pursuant to Chapter 733.106. 2. . . .
. . . appellees’ attorney’s fees be paid from the residuary trust corpus, appellant argues that because Section 733.106 . . . The statute authorizing costs in the present case, Section 733.106, Florida Statutes, does not contain . . .
. . . hearing pursuant to motion, filed by creditor Jane Anne Edney, for attorney’s fees pursuant to F.S. 733.106 . . .
. . . to the Udell situation, appellant, Bachrach, specifically seeks attorney’s fees pursuant to section 733.106 . . .
. . . . § 733.106(3), Fla.Stat. (1985). . . .
. . . Thus, under the plain language of Section 733.106(2), Florida Statutes (1985), the trial court was fully . . .
. . . The law authorizing the payment of attorney’s fees and costs to proponents of wills is Section 733.106 . . . 23 So.2d 485 (1945) (en banc) (construing Section 51 of the Probate Act, the predecessor to Section 733.106 . . . Likewise, subsection three of Section 733.106 cannot support the award of fees in the present case. . . . at 487 (construing Section 158 of the Probate Act, the substantially similar predecessor to Section 733.106 . . . See In re Gleason’s Estate, 74 So.2d 360 (Fla.1954) (en banc) (under predecessor to Section 733.106(3 . . .
. . . Section 733.106(3), Florida Statutes (1981); In re Estate of Griffis, 366 So.2d 80 (Fla. 4th DCA 1978 . . . distribute assets that he reasonably anticipated may be necessary to pay any state or federal taxes. . § 733.106 . . .
. . . Although section 733.106(3), Florida Statutes (1983), provides for awarding fees for services rendered . . . In any probate proceeding, the court may award costs as in chancery actions. § 733.106(1) Pla.Stat. ( . . . probate court could also order these costs be paid out of the beneficiaries’ interest in the estate. § 733.106 . . .
. . . authority to assess such fees and costs against the surviving spouse herein under the authority of Section 733.106 . . .
. . . . § 733.106 (1979). We reverse. Mrs. . . . Rosch’s claim for attorney’s fees per F.S. § 733.106 (1979). REVERSED AND REMANDED. . . .
. . . The authority for allowing attorney’s fees in an estate proceedings is Section 733.106(3), Florida Statutes . . .
. . . The court also found plaintiff was entitled under § 733.106 and § 733.609, Florida Statutes, to her reasonable . . .
. . . representative, and attorney but did not notify Pearl or attorney Blum of this petition as required by Section 733.106 . . .
. . . attorneys’ fees against the estate, relying on Rule 9.400, Florida Rules of Appellate Procedure and § 733.106 . . .
. . . . § 733.106(1), Fla. Stat. (1979). . . .
. . . Section 733.106(3), Florida Statutes (1975); Johnson v. . . .
. . . Section 733.106(3), Florida Statutes, (1975); In re Estate of McCune, 223 So.2d 787 (Fla. 4th DCA 1969 . . .
. . . Section 733.106(3), Florida Statutes (1975) (formerly Section 734.-01(2), Florida Statutes (1973)). . . .
. . . Nash filed a motion for attorney’s fees pursuant to Section 733.106, Florida Statutes (1975) and Fla. . . .
. . . .-090 and implements FPC 733.106 except that no priority is given to nominated personal representative . . .