LYNN WOLLAND
v.
FRANK WOLLAND
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Under Florida Statute § 64.081, attorney's fees in a partition action must be apportioned among all parties in proportion to each party's interest in the partitioned property, not assessed solely against one party.
[1] In a partition action, attorney's fees awarded under Florida Statute § 64.081 must be apportioned among all parties in proportion to each party's respective interest in t…
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Join FLexlaw to unlock all legal intelligence“Every party shall be bound by the judgment to pay a share of the costs, including attorneys' fees to plaintiff's or defendant's attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party's interest.”
Statutory language from Florida Statute § 64.081 (2023) describing the mandatory apportionment of attorney's fees in partition actions.
Lynn Wolland was sued by Frank Wolland for partition of a jewelry collection. The trial court awarded all attorney's fees to Frank's attorney and assi…
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Third District Court of Appeal State of Florida
Opinion filed April 8, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1520 Lower Tribunal No. 23-505-CA-01
Lynn Wolland, Appellant,
vs.
Frank Wolland, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.
Lowy and Cook, P.A., and Jonathan Smulevich and Leah Rose, for appellant.
Law Offices of Mark Wolin, and Mark Wolin, for appellee.
Before FERNANDEZ, MILLER and LOBREE, JJ.
LOBREE, J.
Lynn Wolland, the defendant in an action brought by Frank Wolland seeking partition of a jewelry collection, appeals from a final judgment apportioning solely to her the responsibility for payment of attorney's fees to Frank's attorney. Although the trial court acted entirely within its discretion under section 64.081, Florida Statutes (2023), in determining that Frank's attorney rendered services of benefit to the partition and was therefore entitled to attorney's fees, we reverse because under section 64.081, the trial court lacked the commensurate discretion to assign liability for those attorney's fees only to Lynn. See § 64.081, Fla. Stat. (2023) (“Every party shall be bound by the judgment to pay a share of the costs, including attorneys' fees to plaintiff's or defendant's attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party's interest."); see also Diaz v. Sec. Union Title Ins. Co., 639 So. 2d 1004, 1006 (Fla. 3d DCA 1994) (“[A]ttorneys' fees in a partition action are to be paid 'in proportion to [the party's] interest.' As cotenants, Diaz and the estate each possess one-half interest in the property and are therefore each liable for one-half of the attorneys' fees awarded." (quoting § 64.081 Fla. Stat. (1993))); Adler v. Schekter, 197 So. 2d 46, 50 (Fla. 3d DCA 1967) (“The burden of [attorney's fees in a partition suit], however, is to be borne by the parties in proportion to their interests ...."). Accordingly, we reverse the final judgment for attorney's fees and costs and remand with directions to apportion attorney's fees and costs between Frank and Lynn in accordance with each party's proportional interest in the partitioned property.1
Reversed and remanded with directions.
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- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Adler v. Nathan Schekter et ux., 197 So. 2d 46 (Fla. 3d DCA 1967)
- Magally Diaz v. Sec. Union Title Ins. Co., 639 So. 2d 1004 (Fla. 3d DCA 1994)
- Platt v. Cape Marine Servs., Inc., 422 So. 3d 654 (Fla. 5th DCA 2025)