Florida Statute 744.108 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.108

744.108 Guardian and attorney fees and expenses.—

(1) A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.

(2) When fees for a guardian or an attorney are submitted to the court for determination, the court shall consider the following criteria:

(a) The time and labor required;

(b) The novelty and difficulty of the questions involved and the skill required to perform the services properly;

(d) The fee customarily charged in the locality for similar services;

(e) The nature and value of the incapacitated person’s property, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person;

(f) The results obtained;

(g) The time limits imposed by the circumstances;

(h) The nature and length of the relationship with the incapacitated person; and

(i) The experience, reputation, diligence, and ability of the person performing the service.

(3) In awarding fees to attorney guardians, the court must clearly distinguish between fees and expenses for legal services and fees and expenses for guardian services and must have determined that no conflict of interest exists.

(4) Fees for legal services may include customary and reasonable charges for work performed by legal assistants employed by and working under the direction of the attorney.

(5) All petitions for guardian and attorney fees and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered.

(6) A petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated.

(7) A petition for fees shall include the period covered and the total amount of all prior fees paid or costs awarded to the petitioner in the guardianship proceeding currently before the court.

(8) When court proceedings are instituted to review or determine a guardian’s or an attorney’s fees under subsection (2), such proceedings are part of the guardianship administration process and the costs, including costs and attorney fees for the guardian’s attorney, an attorney appointed under s. 744.331(2), or an attorney who has rendered services to the ward, shall be determined by the court and paid from the assets of the guardianship estate unless the court finds the requested compensation under subsection (2) to be substantially unreasonable.

(9) The court may determine that a request for compensation by the guardian, the guardian’s attorney, a person employed by the guardian, an attorney appointed under s. 744.331(2), or an attorney who has rendered services to the ward, is reasonable without receiving expert testimony. A person or party may offer expert testimony for or against a request for compensation after giving notice to interested persons. Reasonable expert witness fees shall be awarded by the court and paid from the assets of the guardianship estate using the standards in subsection (8).

History.—ss. 18, 26, ch. 75-222; s. 11, ch. 89-96; s. 5, ch. 90-271; s. 2, ch. 96-354; s. 7, ch. 2003-57; s. 4, ch. 2015-83.

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Amendments to 744.108

Annotations, Discussions, Cases:

Cases Citing Statute 744.108

Total Results: 67

Hayes v. Guardianship of Thompson

952 So. 2d 498, 2006 WL 3228916

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1703263

Cited 27 times | Published

proceedings concerning attorney's fees under section 744.108, Florida Statutes (2006), we conclude that

In Re Guardianship of Sitter

779 So. 2d 346, 2000 WL 193601

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 420174

Cited 10 times | Published

the circuit court's reasoning. We note that section 744.108, Florida Statutes (1997), which governs fee

Anderson v. Sun Trust Bank/North

679 So. 2d 307, 1996 WL 464160

District Court of Appeal of Florida | Filed: Aug 16, 1996 | Docket: 1215727

Cited 7 times | Published

additionally that appellee failed to comply with section 744.108(5), Florida Statutes (1995). That section requires

In Re Guardianship of Sapp

868 So. 2d 687, 2004 WL 690568

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1510568

Cited 6 times | Published

rendered and reimbursement on behalf of the ward. § 744.108(1), Fla. Stat. (2002); Cilley v. First Nat'l Bank

Sun Bank and Trust Co. v. Jones

645 So. 2d 1008, 1994 Fla. App. LEXIS 9379, 1994 WL 531274

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 1222869

Cited 6 times | Published

Campbell, 466 So.2d 431 (Fla. 5th DCA 1985); § 744.108(3), Fla. Stat. In awarding fees, the court must

McGinnis v. Kanevsky

564 So. 2d 1141, 1990 WL 91887

District Court of Appeal of Florida | Filed: Jul 3, 1990 | Docket: 2561592

Cited 6 times | Published

FPR 5.025(d)(2). But none exists here. [7] Section 744.108, Florida Statutes (1981) provided: A guardian

Mitchell v. Mitchell

94 So. 3d 706, 2012 WL 3329204, 2012 Fla. App. LEXIS 13546

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60310970

Cited 5 times | Published

beneficial to the ward to be compensable, see § 744.108, Fla. Stat. (2010), Thorpe v. Myers, 67 So.3d

Butler v. Guardianship of Peacock

898 So. 2d 1139, 2005 Fla. App. LEXIS 4489, 2005 WL 735280

District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 1448061

Cited 5 times | Published

for costs incurred on behalf of the ward. See § 744.108(1), Fla. Stat. (2002). The determination of the

In Re Guardianship of King

862 So. 2d 869, 2003 WL 22955948

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1762394

Cited 5 times | Published

should be awarded based on the factors in section 744.108, Florida Statute (2003). Reversed. ALTENBERND

Gamse v. Touby

382 So. 2d 115

District Court of Appeal of Florida | Filed: Apr 1, 1980 | Docket: 1674350

Cited 5 times | Published

children and/or grand-children. [2] Pursuant to Section 744.108, Florida Statutes (1977).

Romano v. Olshen

153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60245368

Cited 4 times | Published

reimbursement for costs incurred on behalf of the ward.” § 744.108(1), Fla. Stat. (2012). Such fees are “determined

In Re Guardianship of Shell

978 So. 2d 885, 2008 WL 1757211

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 1508763

Cited 4 times | Published

issue of the guardian's fees, we note that section 744.108(1), Florida Statutes (2005), provides that

Mogul v. Mogul

730 So. 2d 1287, 1999 WL 299580

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 222597

Cited 4 times | Published

Vaughan, 648 So.2d 193 (Fla. 5th DCA 1994). Section 744.108 authorizes an award of attorney's fees against

Zepeda v. Klein

698 So. 2d 329, 1997 WL 448524

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 434563

Cited 4 times | Published

services Klein performed were recoverable under section 744.108, Florida Statutes (1995). Since part of the

Holman v. Guardianship of Ferber

528 So. 2d 987, 1988 WL 75982

District Court of Appeal of Florida | Filed: Jul 26, 1988 | Docket: 2511425

Cited 3 times | Published

Berg, 348 So.2d 361, 362 (Fla. 2d DCA 1977); § 744.108, Fla. Stat. (1985); see also Gamse v. Touby, 382

In Re Guardianship of Jansen

405 So. 2d 1074, 1981 Fla. App. LEXIS 21665

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 1348437

Cited 3 times | Published

authority. A guardian's fee must be reasonable, § 744.108, and legal services, in order to be compensated

Schlesinger v. Jacob

240 So. 3d 75

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311527

Cited 2 times | Published

denied entitlement to attorney’s fees under section 744.108(1), Florida Statutes (2016). That subsection

Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul

152 So. 3d 650, 2014 Fla. App. LEXIS 18086, 2014 WL 5611595

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592849

Cited 2 times | Published

as found in section 733.6175. See § 744.108, Fla. Stat. (2014). “A ‘surcharge’ is the

Jaffe v. Guardianship of Jaffe

147 So. 3d 578, 2014 Fla. App. LEXIS 13280, 2014 WL 4212741

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1164428

Cited 2 times | Published

court then applied the criteria set forth in section 744.108(2)(a)-(i), Florida Statutes (2013), and determined

Yazdzik v. Scott

129 So. 3d 482, 2014 WL 51382, 2014 Fla. App. LEXIS 126

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60237417

Cited 2 times | Published

fees and costs under section 744.331(7). B. Section 744.108, Guardian’s and Attorney’s Fees and Expenses

Thorpe v. Myers

67 So. 3d 338, 2011 WL 2731937

District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 60302091

Cited 2 times | Published

entitled to reasonable compensation under section 744.108, Florida Statutes (2009), the circuit court

Acuna v. Dresner

41 So. 3d 997, 2010 Fla. App. LEXIS 11268, 2010 WL 3025111

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 1667916

Cited 2 times | Published

proceedings concerning attorney's fees under section 744.108, Florida Statutes (2009), unless they have

Shappell v. Guardianship of Naybar

876 So. 2d 690, 2004 Fla. App. LEXIS 8929, 2004 WL 1415619

District Court of Appeal of Florida | Filed: Jun 25, 2004 | Docket: 1670965

Cited 2 times | Published

2d 1075, 1076 (Fla. 4th DCA 2000) (citing section 744.108(1), Florida Statutes *692 (1999), which has

Schacter v. Guardianship of Schacter

756 So. 2d 1075, 2000 WL 390394

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 471328

Cited 2 times | Published

entitled to a reasonable fee for services rendered. § 744.108(1), Fla. Stat. (1999); Lucom v. Atlantic Nat'l

Losh v. McKinley

106 So. 3d 1014, 2013 Fla. App. LEXIS 2605, 2013 WL 646002

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228080

Cited 1 times | Published

Payment of Attorney’s Fee and Expenses.” See § 744.108(1), (2), Fla. Stat. (2012); In re Guardianship

Leroy H. Merkle, Jr., P.A. v. Weems

83 So. 3d 932, 2012 WL 752646, 2012 Fla. App. LEXIS 3822

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 60306538

Cited 1 times | Published

view on that issue. We hold, however, that section 744.108(8), Florida Statutes (2010), first adopted

In Re Guardianship of Krc

83 So. 3d 932, 2012 WL 752646

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 2414445

Cited 1 times | Published

view on that issue. We hold, however, that section 744.108(8), Florida Statutes (2010), first adopted

Price v. Austin

43 So. 3d 789, 2010 Fla. App. LEXIS 11702, 2010 WL 3120212

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 2399768

Cited 1 times | Published

payment of reasonable compensation is mandatory. § 744.108(1), Fla. Stat. (2008) ("[A]n attorney who has

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

attorney's fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla. Stat. Guardian's and attorney's fees and

In Re Guardianship of Neher

659 So. 2d 1294, 1995 WL 517660

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 1748039

Cited 1 times | Published

*1297 guardian agreed that some fees were due. Section 744.108(2), Florida Statutes (1993), sets forth the

Beckford v. in Re: Guardianship of Wayne Astor Beckford

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472154

Published

services to Donna on Wayne's behalf. See § 744.108, Fla. Stat. (2022). Thus, we affirm.

Estate of Patricia McLain, McLain, Jr. v. Guardianship of Patricia A. McLain

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843629

Published

administration of the guardianship pursuant to section 744.108, Florida Statutes (2006). Id. at 500–01. The

Henriette LaFrance v. Guardian Advocacy of Jayden Emile

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564931

Published

not awardable to a guardian advocate under section 744.108 of the guardianship statute because that statute

Henriette LaFrance v. Guardian Advocacy of Jayden Emile

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564931

Published

not awardable to a guardian advocate under section 744.108 of the guardianship statute because that statute

Richard Ticktin v. Guardianship of Steven Howard Ticktin

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68908211

Published

court erred in awarding attorney’s fees under section 744.108 relating to summary judgment, (4) the trial

MACY KATHERINE BETZOLD WHEELOCK, etc. v. IN RE: GUARDIANSHIP OF YVONNE BETZOLD

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677182

Published

of Appellee the Guardianship Estate under section 744.108, Florida Statutes (2021). Wheelock challenges

BRENDA KLEPACH ABRAMS v. IN RE: ESTHER KLEPACH, etc.

District Court of Appeal of Florida | Filed: Jun 23, 2021 | Docket: 60006530

Published

Martino, 313 So. 3d 687 (Fla. 2d DCA 2020); § 744.108(6), Fla. Stat. (2021).

LAWRENCE T. REID, JR. v. GUARDIANSHIP OF MARGARET REID

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897432

Published

the reasonableness of the fee pursuant to section 744.108(2), Florida Statutes (2018), we grant review

Hernandez Sr. v. Hernandez

230 So. 3d 119

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148137

Published

Statutes, which governs guardianship proceedings, section 744.108, which governs guardian’s and attorney’s fees

Bivins v. Guardianship of Bivins

223 So. 3d 1006, 2017 WL 1908386, 2017 Fla. App. LEXIS 6559

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 60269873

Published

reimbursement for costs incurred on behalf of the ward.” § 744.108(1), Fla, . Stat. (2016). When a guardian seeks

Meyer v. Watras

223 So. 3d 1010, 2017 WL 1929699, 2017 Fla. App. LEXIS 6574

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 60269876

Published

2d DCA 2012). First Petition Pursuant to section 744.108(1), Florida Statutes (2015), a guardianship

Kemp v. Berschback

204 So. 3d 143, 2016 Fla. App. LEXIS 17250

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4540928

Published

guardianship case.' The issue presented is whether section 744.108(1), Florida Statutes (2013), authorizes an

Kemp v. Berschback

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118418

Published

guardianship case. The issue presented is whether section 744.108(1), Florida Statutes (2013), authorizes an

Monarchcare, Inc. v. Guardianship of Block

204 So. 3d 508, 2016 Fla. App. LEXIS 11708

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 63630610

Published

order. Judge Ticktin found that, pursuant to section 744.108, Florida Statutes (2015), there was no evidence

Karim H. Saadeh v. Michael Connors, Colette Meyer Deborah Barfield and Jacob Noble

166 So. 3d 959, 2015 Fla. App. LEXIS 9575, 2015 WL 3875682

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679243

Published

the intended beneficiary of the proceedings. Section 744.108, Florida Statutes, authorizes the payment of

Steiner v. Guardianship of Steiner

159 So. 3d 253, 2015 Fla. App. LEXIS 2968, 2015 WL 894259

District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 60246533

Published

actually benefited the clients, as is required by section 744.108. “Because sections 744.108 and 744.331 do not

White v. Guardianship of Gary L. Lubin

150 So. 3d 1256, 2014 Fla. App. LEXIS 19259, 2014 WL 6497820

District Court of Appeal of Florida | Filed: Nov 21, 2014 | Docket: 2607832

Published

entitled to a reasonable fee for services rendered. § 744.108(1), Fla. Stat. (2013). In seeking such fees

Guardianship of Rawl v. Rawl

133 So. 3d 1179, 2014 WL 889050

District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60238716

Published

was entitled to all of his fees pursuant to section 744.108 because he established that all of his services

Hook v. Rego

98 So. 3d 183, 2012 WL 3870631

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60312198

Published

fee for services rendered.” § 744.108(1), Fla. Stat. (2010). Section 744.108(2)(a)-(i) sets forth the criteria

Sanford v. Howard

94 So. 3d 711, 2012 WL 3537051

District Court of Appeal of Florida | Filed: Aug 17, 2012 | Docket: 60310974

Published

were reasonable. II. THE LEGAL BACKGROUND Section 744.108(1), Florida Statutes (2010), provides that

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

personal representatives and employees of estate. § 744.108, Fla. Stat. Guardians and attorneys fees and expenses

Lutheran Services Florida, Inc. v. McCoskey

978 So. 2d 885, 2008 Fla. App. LEXIS 5738

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 64854581

Published

issue of the guardian’s fees, we note that section 744.108(1), Florida Statutes (2005), provides that

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. v. Lutheran Services, Florida, Inc.

979 So. 2d 1038, 2008 Fla. App. LEXIS 3841, 2008 WL 706259

District Court of Appeal of Florida | Filed: Mar 18, 2008 | Docket: 64854629

Published

costs in a guardianship matter pursuant to section 744.108, Florida Statutes, seeks prohibition relief

In re Amendments to the Florida Probate Rules

948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

personal representatives and employees of estate. § 744.108, Fla. Stat. Guardian’s and attorney’s fees and

Snell v. Guardianship of Snell

915 So. 2d 709, 2005 Fla. App. LEXIS 18690, 2005 WL 3159591

District Court of Appeal of Florida | Filed: Nov 29, 2005 | Docket: 64841067

Published

petitioner and sought fees and costs pursuant to section 744.108(1), Florida Statutes (2003).1 Ms. Snell objected

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

personal representatives and employees of estate. § 744.108, Fla. Stat. Guardian’s and attorney’s fees and

O'Hare v. Hamric

868 So. 2d 687, 2004 Fla. App. LEXIS 4340

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 64829028

Published

rendered and reimbursement on behalf of the ward. § 744.108(1), Fla. Stat. (2002); Cilley v. First Nat’l Bank

King v. Fergeson, Skipper, Shaw, Keyser, Baron, & Tirabassi, P.A.

862 So. 2d 873, 2003 Fla. App. LEXIS 19186, 2003 WL 22956439

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 64827308

Published

issue is likely to arise again on remand. Section 744.108(1) limits attorney’s fees to those incurred

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

personal representatives and employees of estate. § 744.108, Fla. Stat. Guardian’s and attorney’s fees and

Amendments to the Florida Probate Rules

824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 64817121

Published

attorney^ fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla. Stat. Guardian’s and attorney’s fees and

Cosio v. Keithley

753 So. 2d 134, 2000 Fla. App. LEXIS 975, 2000 WL 126571

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 64795783

Published

absent statutory or contractual authorization. Section 744.108, Florida Statutes (1995), authorizes an award

Nelson & La Femina, P.A. v. Guardianship of Platsky

745 So. 2d 1057, 1999 Fla. App. LEXIS 14611, 1999 WL 993063

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 64792680

Published

duty to protect the interests of the ward. See § 744.108, Fla. Stat. (1999); McGinnis v. Kanevsky, 564

Sugarman v. Galbut

693 So. 2d 640, 1997 Fla. App. LEXIS 4158, 1997 WL 193955

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 64773441

Published

filed a motion below for attorney’s fees under § 744.108 and § 57.105, Fla. Stat., for services rendered

Panno v. Perry

637 So. 2d 81, 1994 Fla. App. LEXIS 4954, 1994 WL 202969

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 64748411

Published

under authority of the court order. Although section 744.108, Florida Statutes (1992) entitles the attorney

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

and attorney fees, § 744.105, Fla.Stat. Costs. § 744.108, FIa.Stat. Guardian’s and attorney’s fees and

Osterman v. Copeland

515 So. 2d 1066, 12 Fla. L. Weekly 2723, 1987 Fla. App. LEXIS 11253, 1987 WL 1941

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64631050

Published

guardian is entitled to a fee pursuant to section 744.-108, Florida Statutes (1985). In fact, entitlement

Palmer ex rel. O'neil v. Horton

469 So. 2d 903, 10 Fla. L. Weekly 1262, 1985 Fla. App. LEXIS 14023

District Court of Appeal of Florida | Filed: May 21, 1985 | Docket: 64612251

Published

. See § 744.424, Fla.Stat. (1983). . See § 744.108, Fla.Stat. (1983). . We express no opinion,