PATRICIA K. STONE, AS TRUSTEE OF THE PATRICIA K. STONE REVOCABLE TRUST DATED JANUARY, 25 2017.
v.
JASON KUBASKY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Patricia K. Stone, as trustee, appeals the trial court's denial of her motion for attorney's fees in a property dispute with Jason Kubasky. Stone had previously prevailed in a first appeal where this court affirmed the final judgment in her favor and granted appellate attorney's fees. The court reverses the denial of trial court attorney's fees under the law of the case doctrine.
Stone is entitled to an award of reasonable attorney's fees for services rendered by her counsel in the trial court proceedings. The trial court's denial of her motion for attorney's fees is reversed and the case is remanded with directions for the trial court to award the fees.
[1] The law of the case doctrine dictates that questions of law decided on appeal must govern the case in the trial court through all subsequent stages.
[2] A trial court's order denying attorney's fees may be reversed and remanded for an award of fees when entitlement to such fees has been previously established on appeal.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Having determined in the first appeal that Stone is entitled to an award of reasonable attorney's fees in this litigation, we reverse, under the law of the case doctrine, the present denial order and remand with directions for the trial court to award to Stone attorney's fees for the services rendered by her counsel in the trial court proceedings.”
The core holding that Stone's entitlement to attorney's fees determined in the first appeal governs this second appeal, requiring reversal of the trial court's denial.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThis is the second appeal involving the same parties and the same case. Stone, as trustee of her revocable trust, sued Kubasky. After trial, the trial…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Attorney'S Fees Entitlement cases and more on FLexlaw
PER CURIAM.
In this second appeal involving the same parties and the same case, the appellant, Patricia K. Stone, as Trustee of the Patricia K. Stone Revocable Trust Dated January 25, 2017 (“Stone”), challenges the trial court’s post-final judgment order denying her motion for attorney’s fees.
Subsequently to this order, Stone prevailed in the first appeal when we affirmed, without opinion, the final judgment entered in her favor against the appellee, Jason Kubasky, after trial. Kubasky v. Stone, as Tr. of the Patricia K. Stone Revocable Tr. Dated Jan. 25, 2017, 315 So. 3d 669 (Fla. 5th DCA 2021). In the first appeal, we also granted Stone’s motion for an award of appellate attorney’s fees; and we remanded the case back to the trial court for the sole purpose of determining the amount of these fees.
Stone’s motion for appellate attorney’s fees filed in the first appeal raised the same grounds for entitlement to attorney’s fees as did her motion for an award of attorney’s fees in the trial court. That motion was denied by the lower court and is now before us in this instant appeal. Having determined in the first appeal that Stone is entitled to an award of reasonable attorney’s fees in this litigation, we reverse, under the law of the case doctrine, 1 the present denial order and remand with directions for the trial 1 See Specialty Rests. Corp. v. Elliott, 924 So. 2d 834, 837 (Fla. 2d DCA 2005) (“When successive appeals are taken in the same case, the law of the case doctrine applies. Under [this] doctrine, questions of law that have 2 court to award to Stone attorney’s fees for the services rendered by her counsel in the trial court proceedings.
REVERSED and REMANDED, with directions.
LAMBERT, C.J., EISNAUGLE and TRAVER, JJ., concur. actually been decided on appeal must govern the case in the same court and in the trial court through all subsequent stages of the proceedings.”). 3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Stone v. Kubasky, 315 So. 3d 669 (Fla. 5th DCA 2021)…er, Stone prevailed in the first appeal when we affirmed, without opinion, the final judgment entered in her favor against the appellee, Jason Kubasky, after trial. Kubasky v. Stone, as Tr. of the Patricia K. Stone Revocable Tr. Dated Jan. 25, 2017, 315 So. 3d 669 (Fla. 5th DCA 2021). In the first appeal, we also granted Stone’s motion for an award of appellate attorney’s fees; and we remanded the case back to the trial court for the sole purpose of determining the amount of these fees. Stone’s motion for ap…
Authorities Cited
- Specialty Rests. Corp. v. Elliott, 924 So. 2d 834 (Fla. 2d DCA 2005)
- Stone v. Kubasky, 315 So. 3d 669 (Fla. 5th DCA 2021)