KENNETH R. CILLEY, INCOMPETENT, TOM CHAMPION, APPELLANT,
v.
THE FIRST NATIONAL BANK OF MOUNT DORA, APPELLEE

Fla. 5th DCA | 1981-04-08
No. 80-481
DAUKSCH, C. J., and ORFINGER, J., concur.
396 So. 2d 808 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 4 cases

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Synopsis

An attorney appealed an order denying his petition for reasonable attorney's fees for services rendered to a guardian of an incompetent person. The court reversed, holding that the record contained sufficient evidence of the reasonableness and value of the services to entitle the attorney to the requested $1,700 fee.


Holding

The attorney is entitled to the reasonable attorney's fee of $1,700. The record provided ample evidence to establish the legal entitlement to the fee through the verified petition, uncontradicted testimony regarding reasonableness, and documentary evidence of services.


Headnotes

[1] A guardian may employ an attorney to render services on behalf of the guardianship estate.

[2] A petition for attorney's fees must be verified and list the services performed and time expended.

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Key Quotes

“the record is ample to establish appellant's legal entitlement to a reasonable attorney's fee of $1,700.00”

The court's holding that sufficient evidence existed in the record to support the fee award.

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Facts & Procedural History

Tom Champion, an attorney, was employed by the guardian of Kenneth R. Cilley, an incompetent person, pursuant to Florida statute. Champion petitioned …

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Opinion of the Court
COWART, Judge.

COWART, Judge.

This is an appeal from an order denying appellant, an attorney, a fee for services rendered to the guardian of an incompetent.

The record reveals the guardian of the incompetent employed appellant, as permitted by section 744.444(13), Florida Statutes (1979), that appellant petitioned for attorney’s fees (§ 744.424, Fla.Stat. (1979)) by verified petition listing the services performed and the time expended on the guardianship’s behalf. At the hearing on the petition another attorney, with expertise in estate work, testified that the work done by appellant was the bare minimum required to be done, that both the hours and the rate charged by appellant were minimum and reasonable and that the legal work performed by appellant was “very well done.” The record reveals a verified petition detailing the work performed,1 un-contradicted testimony as to the reasonableness of the work done and value of the services rendered,2 documentary evidence of the services performed3 and contains no evidence contrary to appellant’s petition. Therefore, the record is ample to establish appellant’s legal entitlement to a reasonable attorney’s fee of $1,700.00.

Appellee argues that because it has been discharged a reversal in this case would create and cause havoc. We suggest that any such result might be caused, not by our disposition of this appeal but by applying for a discharge within the time for appeal from the order denying any attorney’s fee in this case. Now, the need for further administration of the guardianship estate may necessitate revocation of the order of discharge. See Fla.R.P. & G.P. 5.460; E. Simon, Redfeam — Wills and Administration in Florida, § 21.33 n. 2 (5th Ed. 1977).

This cause is remanded for further proceedings consistent herewith. The order denying appellant a reasonable attorney’s fee is

REVERSED.

DAUKSCH, C. J., and ORFINGER, J., concur. . Appellant’s verified petition specifies the services performed with more particularity than the affidavit approved in In re Guardianship of Berg, 348 So. 2d 361 (Fla.2d DCA 1977).

. Owen v. Owen, 376 So. 2d 26 (Fla.2d DCA 1979).

. Many of the documents listed in appellant’s exhibit A “schedule of services” can also be found throughout the record, for example, preparation of various oaths of guardians, designation of resident agents and acceptance, and the final letters of guardianship of person and property. Several other petitions in the record are not listed in appellant’s schedule of services but seem to have been prepared by him; for example, petition for order authorizing payment of guardian fees for Mrs. Cilley, petition for order authorizing payment of attorney’s fees, petition for order authorizing payment of guardian fees to First National Bank of Mt. Dora, petition for discharge of guardians, and the inventory.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …y 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 on behalf of the ward. § 744.108(1), Fla. Stat. (2002); Cilley v. First Nat’l Bank of Mount Dora, 396 So. 2d 808, 809 (Fla. 5th DCA 1981). In this case, however, the parties agreed to limit the attorney’s fees and costs payable from the assets of the Ward “for this litigation” to the sum of $25,000 per side (the limiting agreement). Counsel were not precluded…
  • Fitts v. The Guardianship Ests. OF Richard Campbell, 466 So. 2d 431 (Fla. 5th DCA 1985)
    …his duty to the court as well as his duty to the guardian and the guardianship. For this he is entitled to compensation, even though his client, the guardian, improperly used some of her children’s money. Cilley v. First National Bank of Mount Dora, 396 So. 2d 808 (Fla. 5th DCA 1981); In re Estate of Griffis, 366 So. 2d 80 (Fla. 4th DCA 1978). He is not entitled to be paid from the estate for any personal representation of the guardian in seeking to save her from any personal liability to the estate, for negl…

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