JAMES FLOYD JONES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Bissmeyer v. Se. Bank, N.A., 596 So. 2d 678 (Fla. 2d DCA 1991)
  …he judgment awarding it fees from the estate involved services rendered to benefit the estate. § 733.106(2), Fla.Stat. (1989); In re Estate of Gaspelin, 542 So. 2d 1023 (Fla. 2d DCA), review denied, 547 So. 2d 1209 (Fla.1989); In re Estate of Udell, 501 So. 2d 1286 (Fla. 4th DCA 1986). Steves did not file a motion for attorneys’ fees with this court in the prior appeal under Florida Rule of Appellate Procedure 9.400(b). The circuit court was concerned that our interpretation of the prior appellate rule, Flor…

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• Carrithers v. Cornett's Spirit OF the Suwannee, Inc., 93 So. 3d 1240 (Fla. 1st DCA 2012)
  …). However, an order assessing fees that is entered by a probate court pursuant to an appellate court order provisionally awarding fees is not an order that “awards” attorney fees for purposes of appeal under the new rule. See In re Estate of Udell, 501 So. 2d 1286, 1288 (Fla. 4th DCA 1986). The general rule with respect to appellate attorney fees, including appellate attorney fees in [*1242] probate matters, is that “only the appellate court is authorized to award attorney’s fees to the prevailing party and a…
• Bartow HMA, LLC v. Kirkland, 146 So. 3d 1213 (Fla. 2d DCA 2014)
  …tiorari proceeding, the trial court lacked jurisdiction to award the fees at issue. We likewise conclude that the limited exception for probate proceedings described in Kirkland’s answer brief is inapplicable to this case. See In re Estate of Udell, 501 So. 2d 1286 (Fla. 4th DCA 1986); see also Bissmeyer v. Southeast Bank, N.A., 596 So. 2d 678, 679 (Fla. 2d DCA 1991) (declining to consider motion for attorney’s fees for services rendered in appeal of probate matter because such motion rests within the exclusiv…

Authorities Cited

• Ballard v. State, 501 So. 2d 1285 (Fla. 4th DCA 1986)