WILLIAM ANDERSON, APPELLANT,
v.
LAURA MCDONOUGH, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HELEN E. ANDERSON, DECEASED; AND RUBY YVONNE BAIN, APPELLEES
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The court held that section 733.106 does not authorize personal liability for attorney's fees and that a hearing is required before awarding sanction fees.
William Anderson appealed an adverse final judgment in a will contest and attorney's fees awards. One award was based on section 733.106, and another …
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William Anderson appeals an adverse final jüdgment in a will contest involving his mother’s estate. We affirm the final judgment without comment,, but we reverse and remand the award of attorney’s fees.
Anderson was ordered to pay $19,678.73 in attorney’s fees to his aunt,,who was the beneficiary under his mother’s will. The order .was based on section 733.106, Florida Statutes (2011). As explained in the companion case, Anderson v. McDonough, No. 2D14-2605, 2016 WL 1386145 (Fla. 2d DCA April 8, 2016), this statute does not authorize personal liability for fees; rather, the statute authorizes only an award of fees to be paid from the estate or specifically from a person’s share of the estate. Thus, we reverse the order requiring Anderson to pay this fee award.
In another fee award, Anderson was ordered to pay $1266.66 in attorney’s fees to the estate and $976.25 in attorney’s fees to his aunt. These fees were awarded as a sanction based on Anderson’s violation of the confidentiality provision'- applicable to communications that occur during mediation. See § 44.405(1), Fla. Stat. (2012). As Anderson argues, the circuit court should have held a hearing before determining the amount of these fees. See Debra J. Sutton, P.A. v. LeBeau, 912 So.2d 327 (Fla. 2d DCA 2005) (reversing attorney’s fees, awarded as a sanction, .when record failed to support amount). We reverse this fee award and remand for a hearing to determine the amount. Any subsequent order should include the necessary findings- on the reasonable number of hours involved and on a reasonable hourly rate.
Affirmed in part, reversed in part, and remanded.
KHOUZAM and BADALAMENTI, JJ., concur.
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Anderson v. McDONOUGH, 189 So. 3d 266 (Fla. 2d DCA 2016)…l, leaving everything to their aunt. Anderson brought suit challenging the will on several grounds. The circuit court upheld the will in a judgment that we have affirmed in a separate opinion released this date. Anderson v. McDonough, No. 2D14-1139, 189 So. 3d 265, 2016 WL 1386091 (Fla. 2d DCA April 8; 2ÓÍ6). In this appeal, Anderson challenges fee and costs awards imposed against him. ’ The Estate filed a motion for fees citing section 733.1Ó6, Florida Statutes (201Í), which provides as follows: (1) In all…
Authorities Cited
- Debra J. Sutton, P.A. v. LeBEAU, 912 So. 2d 327 (Fla. 2d DCA 2005)