ANTHONY CANTY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (22 total)

• Jacquelyn Bennett and Bobbie Sue Miller v. Marie-Christine Berges, 50 So. 3d 1154 (Fla. 4th DCA 2010)
  …vices to an estate may be awarded reasonable compensation from the estate.” Section 733.106(3) does not provide a valid basis for personal liability for attorney’s fees. See Snyder v. Bell, 746 So. 2d 1100, 1104 (Fla. 2d DCA 1999); Dayton v. Conger, 448 So. 2d 609, 612 (Fla. 3d DCA 1984). Although the fee order stated that the fees could come from the appellants’ share of the estate if the appellants did not pay the fees by a date certain, the order imposed personal liability on the appellants. We thus reject…
• In re Est. OF Goldie Simon. Bernard Gastel v. Levin & Fishman, P.A., 549 So. 2d 210 (Fla. 3d DCA 1989)
  …s follow the judgment unless there are circumstances that render application of this rule unjust.” Burnett v. Brito, 478 So. 2d 845, 848 (Fla. 3d DCA 1985); Calder Race Course, Inc. v. Gaitan, 430 So. 2d 975 (Fla. 3d DCA 1983); see Dayton v. Conger, 448 So. 2d 609 (Fla. 3d DCA 1984). Gastel suggests that this, in essence, is a “prevailing party” provision. Gastel argues that appellees are not entitled to attorney’s fees under this statute because appellees did not prevail in their petitions to remove and sur…
• In re Est. OF Sharon Lee Williams. Donald R. Brophy v. Condon, 771 So. 2d 7 (Fla. 2d DCA 2000)
  …photocopies and long-distance telephone calls, the cost of three airline tickets, and an expert witness fee. Although the trial court in a probate proceeding has broad discretion to apportion taxable costs between the parties (see Dayton v. Conger, 448 So. 2d 609, 612 (Fla. 3d DCA 1984); § 733.106(1), Fla. Stat. (1997)), we conclude that the trial court abused its discretion here because it awarded costs for expenses that are not properly taxable as costs. Condon sought reimbursement for numerous long-dista…

Authorities Cited

• D.C.W. v. State, 445 So. 2d 333 (Fla. 1984)