SONYA WALKER AND TONNIA TRIPLETT, APPELLANTS,
v.
REECY TINDALL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BARBARA C. ARNOLD, DECEASED, APPELLEE
PER CURIAM.
We reverse the trial court’s order approving fees paid by the former personal representative of this estate to herself and to her attorney. Those fees had been paid without court approval at the time. In approving those prior payments the trial court erred in its apparent reliance upon a purported “presumption of correctness” of the amounts of the payments. See § 733.6175, Fla.Stat. (1987). The trial court also erred in failing to make the findings required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), concerning the award of attorney’s fees. See De Loach v. Westman, 506 So. 2d 1142 (Fla. 2d DCA 1987).
Reversed and remanded for further proceedings consistent herewith.
SCHOONOVER, C.J., and LEHAN and THREADGILL, JJ., concur.
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Emilio Nodel v. State, 579 So. 2d 768 (Fla. 3d DCA 1991)…with directions for resen-tencing within the guidelines. While it was neither raised nor argued herein, we are not unmindful of the fact that an improper general sentence for multiple convictions was entered in the instant case. See Lewis v. State, 567 So. 2d 50 (Fla. 5th DCA 1990); Rule 3.701(d)(12), Florida Rules of Criminal Procedure. However, in as much as we have reversed the sentence imposed herein, and have remanded for resentencing, we feel confident that the trial court will correct this upon resen…
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- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Guion T. DE Loach v. Westman, 506 So. 2d 1142 (Fla. 2d DCA 1987)