In re Estate of Pearce

Summary

The Florida Fourth District Court of Appeal reversed an order surcharging a co-personal representative personally for attorney's fees incurred in an unauthorized appeal. The court held that, absent improper conduct or bad faith constituting a breach of fiduciary duty, a good-faith but procedurally unauthorized appeal did not warrant personal liability under section 733.609, Florida Statutes (1983).

Holdings

1. A co-personal representative is not personally liable under section 733.609 for attorney's fees incurred in a good-faith, though unauthorized, appeal merely because the appeal was dismissed for lack of concurrence by the other co-personal representative.

Questions Presented

1. Whether a co-personal representative who in good faith undertakes an appeal without the concurrence of the other co-personal representative may be personally surcharged under section 733.609, Florida Statutes (1983), for attorney's fees incurred in the unauthorized appeal.

Disposition

reversed