DENNIS DORN
v.
KATHERINE HATWOOD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARJORIE CAROL DORN
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Dennis Dorn appealed a circuit court's order assessing costs and attorneys' fees in an estate administration matter. The appellate court reversed the inclusion of $48,986.40 claimed under the wrong statutory section (section 733.608 instead of 733.106) and remanded for clarification, while affirming the remainder of the order.
The court reversed the circuit court's inclusion of the $48,986.40 as part of the lien claim under section 733.608, finding that legal fees incurred in estate administration do not fall under that section. The court remanded for the circuit court to clarify the proper statutory basis for the award.
[1] A personal representative's claim of lien for funds expended or obligations incurred to preserve, maintain, insure, or protect the homestead must be secured pursuant to s…
[2] Legal fees incurred in the general administration of an estate do not fall under the purview of section 733.608, Florida Statutes, which pertains to homestead protection.
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Join FLexlaw to unlock all legal intelligence“Section 733.608(3) provides that a personal representative—who "expends funds or incurs obligations to preserve, maintain, insure or protect" the Homestead—may secure a lien on the "protected homestead."”
Establishes the limited scope of section 733.608 regarding homestead liens
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Join FLexlaw to unlock all legal intelligenceThe personal representative of Marjorie Carol Dorn's estate sought costs and attorneys' fees. The circuit court assessed costs and included $48,986.40…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DENNIS DORN, Appellant, V. KATHERINE HATWOOD, as personal representative of the ESTATE OF MARJORIE CAROL DORN, Appellee. No. 4D2025-0261 [February 18, 2026] Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Michael J. McNicholas, Judge; L.T. Case No. 432022CP000560. Timothy T. Patykula of Lighthouse Law Firm, P.A., Jupiter, for appellant. Anthony D. George, Jr. of Anthony D. George, Jr., P.A., Stuart, for appellee. PER CURIAM. Dennis Dorn appeals the circuit court's order assessing costs and attorneys' fees. Dorn raises two issues on appeal. On one issue, we reverse. On the other issue, we affirm without discussion. Dorn argues, and the personal representative acknowledges, that the circuit court incorrectly included $48,986.40 as part of a claim of lien pursuant to section 733.608, Florida Statutes (2025), instead of section 733.106, Florida Statutes (2025).
Section 733.608(3) provides that a personal representative—who “expends funds or incurs obligations to preserve, maintain, insure or protect" the Homestead—may secure a lien on the “protected homestead.” In Herrilka v. Yates, 13 So. 3d 122, 123 (Fla. 4th DCA 2009), we explained that legal fees incurred in the administration of the estate as a whole did not fall under section 733.608.
Here, the personal representative acknowledges that section 733.608 “does not apply to the $48,986.40,” and the circuit court had incorrectly included the sum as part of the claim of lien. The personal representative explains that she sought those costs under section 733.106. As such, we reverse the circuit court's inclusion of the $48,986.40 as part of the claim of lien pursuant to section 733.608, and remand to allow the circuit court to clarify the statutory section attributable to the award. Affirmed in part, reversed in part, and remanded. KUNTZ, C.J., CIKLIN and SHAW, JJ., concur. * * * Not final until disposition of timely-filed motion for rehearing.