FRANCES L. LOSH, APPELLANT,
v.
CARLIN MCKINLEY, APPELLEE

Fla. 3d DCA | 2013-02-20
No. 3D12-1290
Before SHEPHERD, SUAREZ and LAGOA, JJ.
106 So. 3d 1014 Florida District Court of Appeal, Third District (2013) Negative Treatment
Cited by 3 cases


Opinion of the Court
SHEPHERD, J.

SHEPHERD, J.

As a result of our recent decision in Losh v. McKinley, 86 So.3d 1150 (Fla. 3d DCA 2012), reversing an order granting *1015Carlin McKinley’s Petition to Determine Incapacity of her mother, Frances L. Losh, we now, in turn, reverse the companion order rendered April 20, 2012, granting McKinley’s “Petition for Order Authorizing Payment of Attorney’s Fee and Expenses.” See § 744.108(1), (2), Fla. Stat. (2012); In re Guardianship of Ansley, 94 So.3d 711, 713 (Fla. 2d DCA 2012) (“[A]n attorney’s entitlement to payment of reasonable fees and costs is subject to the limitation that his or her services must benefit the ward or the ward’s estate.”). McKinley’s Petition afforded no benefit to her mother.1

Reversed and remanded.


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