IN RE ESTATE OF HARVEY S. WARWICK, DECEASED
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The court held that the trial judge did not abuse discretion in determining a reasonable attorney's fee for probate administration, considering statutory criteria and estate value.
An estate's co-personal representative objected to the attorney's fee paid to the law firm representing her and the corporate co-personal representati…
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GARRETT, Judge.
Appellant, the estate’s co-personal representative, filed an objection to the attorney’s fee paid the law firm representing her and the corporate co-personal representative. The objection was denied.
We affirm.
The trial judge addressed the statutory criteria for determining a reasonable attorney’s fee in probate administration. The lodestar approach of Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), need not be applied where the legislature has provided specific guidelines for the determination of attorney’s fee awards. What An Idea, Inc. v. Sitko, 505 So. 2d 497 (Fla. 1st DCA), rev. denied, 513 So. 2d 1064 (Fla.1987); Division of Administration, State Department of Transportation v. Ruslan, Inc., 497 So. 2d 1348 (Fla. 4th DCA 1986); Rivers v. SCA Services of Florida, Inc., 488 So. 2d 873 (Fla. 1st DCA 1986); § 733.617, Fla.Stat. (1987).
Considering the gross value of the estate, the attorney’s exposure to potential liability, the local bar’s customary practice of charging a fee based upon a percentage of an estate’s gross value, and the expert testimony as to the reasonableness of the fee awarded, we find no abuse of discretion. Sheffield v. Dallas, 417 So. 2d 796 (Fla. 5th DCA 1982).
AFFIRMED.
HERSEY, C.J., and GUNTHER, J., concur.
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In re Est. OF Ruth Lane, 562 So. 2d 352 (Fla. 4th DCA 1990)…ees and costs as a result of the benefit received from the results achieved in the will contest. . We note that the issue of whether the Rowe criteria applies in probate matters is pending in the Florida Supreme Court. See In re: Estate of Warwick, 543 So. 2d 449 (Fla. 4th DCA 1989), jurisdiction accepted, 555 So. 2d 858 (Fla.1990); and In re: Estate of Lester Platt, 546 So. 2d 1114 (Fla. 4th DCA 1989), jurisdiction accepted, 555 So. 2d 858 (Fla.1990) (Rowe need not be applied where specific statutory guidel…
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In re Est. OF Lester Platt, 546 So. 2d 1114 (Fla. 4th DCA 1989)…PER CURIAM. We affirm the award of attorney’s fees on the basis of In re: Estate of Warwick, 543 So. 2d 449 (Fla. 4th DCA 1989) which holds that Florida Patient’s Compensation v. Rowe, 472 So. 2d 1145 (Fla.1985) is not applicable to the determination of attorney’s fees and personal representative fees under section 733.617, Florida Statutes (1987). Furthe…
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In re Est. OF Harvey S. Warwick, 586 So. 2d 327 (Fla. 1991)…OVERTON, Justice. Petitioner, Julia W. Carswell, co-personal representative and beneficiary of the estate of Harvey S. Warwick, deceased, seeks review of the Fourth District Court of Appeal’s decision in In re Estate of Warwick, 543 So. 2d 449 (Fla. 4th DCA 1989). Petitioner challenges the attorney’s fee computed solely on a percentage of Warwick’s $1,890,000 estate. We find conflict with Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d 828 (Fla.1990); De Loach v. Westman, 506 So.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- What AN Idea, Inc. v. Sitko, 505 So. 2d 497 (Fla. 1st DCA 1987)
- Rivers v. SCA Servs. OF Fla., Inc., 488 So. 2d 873 (Fla. 1st DCA 1986)
- Etta B. Sheffield v. Dallas, 417 So. 2d 796 (Fla. 5th DCA 1982)
- Ronette Commc'ns Corp. v. Pasquale Lopez, 497 So. 2d 1348 (Fla. 5th DCA 1986)
- State v. Browne, 497 So. 2d 1348 (Fla. 4th DCA 1986)