ELIZABETH JOY DASCAL
v.
JACQUELINE DASCAL CHARIFF, ET AL.

Fla. 3d DCA | 2026-01-14
No. 2024-2313
Soto, J., Logue, J., Lindsey, J., Gooden, J.
2026 FL 458 Florida District Court of Appeal, Third District (2026)

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Holding

In probate proceedings, costs may be awarded as in chancery actions, and any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.


Headnotes

[1] In probate proceedings, costs may be awarded as in chancery actions, and a court of equity may order that costs follow the result of the suit, apportion costs between par…

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Key Quotes

“In all probate proceedings, costs may be awarded as in chancery actions.”

Statutory authority for awarding costs in probate proceedings

Facts & Procedural History

Elizabeth Joy Dascal appealed a decision from the Circuit Court for Miami-Dade County regarding costs and attorney's fees in a probate matter.…

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Opinion of the Court
Gooden

Third District Court of Appeal State of Florida

Opinion filed January 14, 2026. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-2313 Lower Tribunal No. 22-1298-CP-02 ________________

Elizabeth Joy Dascal, Appellant,

vs.

Jacqueline Dascal Chariff, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Bertila Soto, Judge.

Weiss Serota Helfman Cole & Bierman, P.L. and Edward George Guedes, and Laura Keats Wendell, for appellant.

Katz Baskies & Wolf PLLC, and James Raymond George (Boca Raton), for appellees.

Before LOGUE, LINDSEY and GOODEN, JJ.

PER CURIAM.

2

Affirmed. See § 733.106(1), Fla. Stat. (2024) (“In all probate proceedings, costs may be awarded as in chancery actions.”); id. at (3) (“Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.”); Dayton v. Conger, 448 So. 2d 609, 612 (Fla. 3d DCA 1984) (“The rule in chancery cases is that a court of equity may, as justice requires, order that costs follow the result of the suit, apportion the costs between the parties, or require all costs be paid by the prevailing party.”).


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