MARY ELLEN BARDEN, APPELLANT,
v.
MARGUERITE B. PAPPAS, ET AL., APPELLEES
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.
This case involves a dispute over partition and attorneys fees in the estate of Louis Pappas. The court reversed the trial court's award of attorneys fees and lien against the remainderman, holding that fees should be awarded entirely against the life tenant under Section 57.105 rather than prorated under Section 64.081, and that the remainderman should be reimbursed for taxes she paid.
Attorneys fees should be awarded entirely against the appellee life tenant under Section 57.105 rather than prorated under Section 64.081, since partition was denied. No lien should attach to the remainderman's interest beyond the amount she received or benefited from. The life tenant, not the remainderman, bears responsibility for real estate taxes, and the remainderman should be reimbursed for taxes she paid plus legal interest.
[1] Attorneys fees under Section 64.081, Florida Statutes, are only appropriate when partition is granted, not when it is denied.
[2] Attorneys fees awarded under Section 57.105, Florida Statutes, should be assessed against the party whose conduct necessitated the litigation.
Previewing 2 of 4 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“Section 64.081 contemplates attorneys fees for effecting partition. Since partition was denied in this case, an award of attorneys fees under this section is inappropriate.”
Establishes the legal error in the trial court's basis for awarding attorneys fees under the partition statute when partition itself was not successful.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe widow holding a life estate in Pappas property attempted to partition the property against the stepdaughter's remainder interest. A partition sale…
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 Real Estate Taxes cases and more on FLexlaw
HARRIS, Judge.
The continuing dispute between the heirs of Louis Pappas is again before us. In Barden v. Pappas, 532 So. 2d 707 (Fla. 5th DCA 1988), this court held that the widow holding a life estate could not partition property against the stepdaughter’s remainder interest. The partition sale was set aside and the case was remanded for the imposition of attorneys fees for the remainderman’s attorney.
On remand, the trial judge concluded that the attorneys fees were award ed pursuant to Section 64.081, Florida Statutes (1987) and awarded $3,500. He then prorated the fee against the parties, including the remainderman, according to their interest in the property. This was error. Section 64.081 contemplates attorneys fees for effecting partition. Since partition was denied in this case, an award of attorneys fees under this section is inappropriate. This court in the earlier opinion, while not specifying so, awarded attorneys fees pursuant to Section 57.105 Florida Statutes (1987). While we affirm the amount of fees set by the court, we reverse the pro rata award and order that the entire amount be awarded against appellee.
Further, the trial court in trying to undo the partition sale ordered that the partition bid of $10,000 made by appellee and distributed to the parties and their attorneys be redeposited into the registry of the court. The court ordered that until the redeposit is made, appellee will have a lien on the property including the remainderman’s interest in it. This also was error. Certainly the lien on the remainder-man’s interest should not be greater than the amount received by her or for her benefit. Since she and her attorney have both deposited their uncashed distribution checks with the court, there should be no lien on her interest.
In addition, in order to protect the property, the remainderman paid the 1986 real estate taxes in the amount of $1,596.38. Both parties agree that real estate taxes are the responsibility of the life tenant. On remand this amount plus legal interest shall also be awarded against appellee.
REVERSED and REMANDED for further proceedings consistent with this opinion.
DAUKSCH and W. SHARP, JJ., concur.