IN RE ESTATE OF ROBERT J. GURNEY, DECEASED
IN RE ESTATE OF ROBERT J. GURNEY, DECEASED
543 So. 2d 846
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We find no merit in any of the points raised by appellant in the main appeal, therefore, the orders of the trial court are affirmed as to those issues.
As to the points on the cross appeal, we also affirm as to the first two points raised. However, we reverse and remand as to the trial court’s failure to award costs in connection with the removal proceedings. In the court’s order of February 19, 1986, the court clearly found entitlement to legal fees and costs in paragraph 6 and reserved jurisdiction to determine the amounts thereof. It was thus error for the court to subsequently deny those costs in its order of November 12, 1986.
The cause is reversed and remanded for proceedings consistent herewith.
DELL, POLEN and GARRETT, JJ., concur.
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Black v. Bedford AT Lake Catherine Homeowners Ass'n, Inc., 801 So. 2d 252 (Fla. 4th DCA 2001)…e Declaration. We note that the trial court found that appellants prevailed sufficiently to recover costs. Consequently, it was an abuse of discretion for the trial court to deny appellants’ motion for fees under the fee provision. See In re Gurney, 543 So. 2d 846 (Fla. 4th DCA 1989)(holding that because the court clearly found entitlement to legal fees and costs in a previous hearing, it was error for the court to deny those costs in a subsequent order). The Association asserts that appellants did not suffi…