P & H ADDITIONS, INC., APPELLANT,
v.
JUAN C. ACOSTA AND FIDELIA ACOSTA, HIS WIFE, APPELLEES

Fla. 3d DCA | 1983-11-29
No. 83-2190
Before SCHWARTZ, C.J., and HUB-BART and BASKIN, JJ.
442 So. 2d 290 Florida District Court of Appeal, Third District (1983) Caution
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Order on Plaintiff’s Motion for Extraordinary Relief is affirmed. Because there is not a complete absence of a justiciable issue of law or fact, the award of attorneys’ fees based upon section 57.105, Florida Statutes (1981), is reversed.

Affirmed in part; reversed in part.


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Cited By (11 total)

  • Cooper v. Ford & Sinclair, P.A., 888 So. 2d 683 (Fla. 4th DCA 2004)
    …rney who has rendered services to an estate may be awarded reasonable compensation from the estate.” § 733.106(3), Fla. Stat. Courts have interpreted this provision as requiring that the services benefit the estate. See, e.g., In re Estate of Lewis, 442 So. 2d 290, 292 (Fla. 4th DCA 1983). “ ‘Benefit’ may refer to services that bring about an enhancement in value or an increase in value of the estate.” Dew v. Nerreter, 664 So. 2d 1179, 1180 (Fla. 5th DCA 1995). As discussed infra, the trial court found that K…
  • …out an enhancement in value or an increase in the assets of the estate. An attorney also benefits (“renders services to”) an estate if, by his actions, the intent of the decedent is established and his estate properly divided. In re Estate of Lewis, 442 So. 2d 290 (Fla.4th DCA 1983); In re Estate of Barret, 137 So. 2d 587 (Fla.lst DCA 1962); In re Estate of Farris, 113 So. 2d 721 (Fla.3d DCA), cert. denied, 116 So. 2d 775 (Fla.1959). Because the will contained several ambiguities, the decedent’s wishes were…
  • Reineke v. McKINSTRY, 445 So. 2d 361 (Fla. 4th DCA 1984)
    …a. 4th DCA 1976); Mardan Kitchen Cabinets, Inc. v. Bruns, 312 So. 2d 769 (Fla. 3d DCA 1975); Jackson v. Hatch, 288 So. 2d 564 (Fla. 2d DCA 1974); Lion Oil Co. v. Tamarac Lakes, Inc., 232 So. 2d 20 (Fla. 4th DCA 1970). See also In re Estate of Lewis, 442 So. 2d 290, (Fla. 4th DCA 1983); McKelvey v. Kismet, Inc., 430 So. 2d 919 (Fla. 3d DCA 1983); State, Department of Health and Rehabilitative Services v. Hall, 409 So. 2d 193 (Fla. 3d DCA 1982); Knott v. Knott, 395 So. 2d 1196 (Fla. 3d DCA 1981); Dolphin Towers…
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