RICHARD N. JONES, APPELLANT,
v.
ELAINE J. DUNNING, ETC., APPELLEE
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The Florida District Court of Appeal reversed and remanded a guardianship fee award due to internal inconsistencies and failure to comply with statutory requirements for transparency and record support. The court established that guardians seeking fees must follow the same guidelines as personal representatives and attorneys under Florida law.
The court held that guardians of the estate must follow the guidelines set out in section 733.617(1), Florida Statutes, and the standards established in Florida Patient's Compensation Fund v. Rowe and In re Estate of Platt. Fee orders must specifically set out the record basis for the award, provide meaningful detail for appellate review, and include an itemization of all awarded expenses.
[1] An order awarding guardianship fees and costs must be internally consistent and clearly state the basis for the award.
[2] Guardians seeking fees and expenses must adhere to statutory guidelines and case law established for attorney and personal representative fees.
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Join FLexlaw to unlock all legal intelligence“guardians of the estate, like personal representatives and lawyers seeking fees, should follow the guidelines set out in section 733.617(1), Florida Statutes (1987) and Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1146 (Fla.1985)”
Establishes the legal standard that guardians must follow the same fee guidelines as personal representatives and attorneys.
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Join FLexlaw to unlock all legal intelligenceElaine J. Dunning served as guardian of the estate for Norma S. Jones from May 5, 1988 through September 30, 1993. The trial court entered an order aw…
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DAUKSCH, Judge.
This is an appeal from an award of guardianship fees and costs. The order provides:
1. That the sum of $87,447.50 are reasonable fees for services rendered as guardian of the Ward and incurred expenses from May 05, 1988 through September 30, 1993.
2. That ELAINE J. DUNNING, as such guardian, is authorized and directed to pay the amount of $91,872.50 as guardian’s compensation and expenses to ELAINE J. DUNNING from the assets of the guardianship estate of NORMA S. JONES, and include such disbursement in the next annual accounting of this guardianship to be filed with this Court.
As can be seen, the order suffers internal conflict. Perhaps the first paragraph is the fees, exclusive of expenses, and the second paragraph includes expenses, thus the difference. That is not clear, however, so a new order citing record support should be entered. It is our determination that guardians of the estate, like personal representatives and lawyers seeking fees, should follow the guidelines set out in section 733.617(1), Florida Statutes (1987) and Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1146 (Fla.1985). See also In re Estate of Platt, 686 So. 2d 328 (Fla.1981). In order to provide for meaningful appellate review the order awarding fees and expenses in all such cases, attorneys fees, personal representative fees and guardians fees, should specifically set out the record basis for the award and otherwise comply with the intent of Rowe, Platt and the statute. This should include an itemization of all awarded expenses.
The order is quashed and this cause remanded for a new hearing and order. REVERSED and REMANDED.
HARRIS and ANTOON, JJ., concur.
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In re Guardianship OF William Ansley v. Fay Howard, 94 So. 3d 711 (Fla. 2d DCA 2012)…for meaningful appellate review[,] the order awarding fees and expenses in all such cases ... should specifically set out the record basis for the award and otherwise comply with the intent of Rowe, [3] Platt [,4] and the statute.” Jones v. Dunning, 661 So. 2d 941, 942 (Fla. 5th DCA 1995). Generally, we review an award of fees for an attorney’s services in a guardianship for abuse of discretion. Butler, 898 So. 2d at 1141; Gamse v. Touby, 382 So. 2d 115, 116 (Fla. 3d DCA 1980). We defer to the circuit court’s…
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Thorpe v. Myers, 67 So. 3d 338 (Fla. 2d DCA 2011)…or on the record concerning the hours allowed and disallowed and the other factors considered in arriving at the amount of the award. See Valentini v. State (In re Guardianship of Sitter), 779 So. 2d 346, 348-49 (Fla. 2d DCA 2000); Jones v. Dunning, 661 So. 2d 941, 942 (Fla. 5th DCA 1995). IV. MICHAEL AND JOAN’S PETITION FOR ATTORNEY’S FEES, CASE NO. 2D10-3402 A. The Petition and the Circuit Court’s Order After the settlement was reached, Michael and Joan, the original petitioners, filed a petition request…
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Gussie Anderson and Earleen James v. SUN Tr. Bank/North, 679 So. 2d 307 (Fla. 5th DCA 1996)…Florida Statutes (1995). That section requires that a petition for guardian’s and attorney’s fees and costs be accompanied by an itemized description of the services performed for the fees and costs sought to be recovered. See also Jones v. Dunning, 661 So. 2d 941 (Fla. 5th DCA 1995). Appellee alleged in its petition for fees and costs that it had rendered services in the amount of $18,173.78 and incurred costs in the amount of $8,006.08 from August 25, 1994 through December 1, 1995. Exhibit A, attached to i…
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