ERNEST A. BRADY, JR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PAULINE L. SHEPHARD, DECEASED, AND INDIVIDUALLY; AND LEVINE, FREEDMAN, HIRSCH & LEVINSON, P.A., APPELLANTS,
v.
DONNA B. WILLIAMS, APPELLEE

Fla. 2d DCA | 1986-06-04
No. 85-2283
CAMPBELL, A.C.J., and LEHAN and HALL, JJ., concur.
491 So. 2d 1160 Florida District Court of Appeal, Second District (1986) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The personal representative of an estate, joined by the attorneys for the estate, appeals from the trial court’s order approving certain attorney’s fees for the attorneys’ representation of the personal representative. They contend that the trial court improperly reduced the requested fee by $5,000 and failed to comply with the requirements of Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), as to specific findings to be made upon the setting of reasonable attorney’s fees. We agree with the contention as to Rowe. See Lyons v. Lyons, 486 So. 2d 77 (Fla. 2d DCA 1986); Boyle v. Boyle, 485 So. 2d 879 (Fla. 2d DCA 1986). Without the findings required by Rowe we are unable to decide the other contention.

Reversed and remanded for proceedings consistent herewith.

CAMPBELL, A.C.J., and LEHAN and HALL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • In re Est. OF Lester Platt, 586 So. 2d 328 (Fla. 1991)
    …tative fees under section 733.617, Florida Statutes (1987).” Id. at 1114. We find conflict with Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d 828 (Fla.1990), De Loach v. Westman, 506 So. 2d 1142 (Fla. 2d DCA 1987), and Brady v. Williams, 491 So. 2d 1160 (Fla. 2d DCA 1986).2 For the reasons expressed, we quash the decision of the district court of appeal in the instant case. The following are the pertinent facts. George A. Patterson, the attorney for the estate, and NCNB National Bank of Florida (N…
  • Guion T. DE Loach v. Westman, 506 So. 2d 1142 (Fla. 2d DCA 1987)
    …rs reasonably expended, and the appropriateness of reduction or enhancement factors as required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). See Manuel v. Manuel, 498 So. 2d 1369 (Fla. 1st DCA 1986); Brady v. Williams, 491 So. 2d 1160 (Fla. 2d [*1143] DCA 1986); Boyle v. Boyle, 485 So. 2d 879 (Fla. 2d DCA 1986). It does, however, appear from the record that the trial court did consider the factors which are required to be considered in the fixing of reasonable attorney’s fees.…
  • Weber v. Imperato, 501 So. 2d 1 (Fla. 4th DCA 1986)
    …t was an abuse of discretion. Second, because I believe that, as the award was made pursuant to statute, Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), applies and mandates that such findings be made. See Brady v. Williams, 491 So. 2d 1160 (Fla. 2d DCA 1986). See also Boyle v. Boyle, 485 So. 2d 879 (Fla. 2d DCA 1986).…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw