MICHAEL KAY, APPELLANT,

v.

OSVALDO ROMERO, APPELLEE

Citator

Cited By

• First Union Nat'l Bank v. Turney, 839 So. 2d 774 (Fla. 1st DCA 2003)
  …. 2d 787 (Fla. 2d DCA 2000). Once the attorney’s fee statute is determined to be applicable, however, any issue relating to whether the award under the statute is appropriate is reviewed under an abuse of discretion standard. See Nalls v. Millender, 721 So. 2d 426, 427 (Fla. 4th DCA 1998)(holding that abuse of discretion standard applies to review of order granting fees under section 737.627). Section 737.627, Florida Statutes (1993), provides, in pertinent part, that “[i]n all actions challenging the proper…
• Robinson v. Robinson, 805 So. 2d 94 (Fla. 4th DCA 2002)
  …ys’ fees primarily against the Main Trust, where Marilyn had sought to charge 100% of those fees against the Shirley Trust under section 733.106(4), Florida Statutes. We note the probate court misconstrued our previous holding in Nalls v. Millender, 721 So. 2d 426 (Fla. 4th DCA 1998), whereby we held Florida Statutes 733.106(3), which authorizes an award of attorneys’ fees “rendered to an estate,” does not apply where services are rendered to a trust. In Nalls, a beneficiary of an inter vivos trust brought an…
• Harrell v. Badger, 171 So. 3d 764 (Fla. 5th DCA 2015)
  …ial court abused its discretion by imposing attorneys’ fees against Appellants. We review a trial court order on a motion for attorneys’ fees in an action challenging the exercise of a trustee’s power for an abuse of discretion. Nalls v. Millender, 721 So. 2d 426, 427-28 (Fla. 4th DCA 1998). Section 736.1004, Florida Statutes (2008), requires a trial court to award attorneys’ fees and other costs “as in chancery actions.” Under the chancery rule, a trial court may “apportion the costs between the parties, or…