Summary
The Florida Fourth District Court of Appeal held that section 744.108(1), Florida Statutes (1995), does not authorize an attorney to recover fees for time spent obtaining or litigating an award of attorney's fees in a guardianship proceeding. The court reasoned that such services are not rendered on behalf of the ward and remanded for recalculation of the award.
Topics
Practice areas
Questions Presented
- Whether section 744.108(1), Florida Statutes (1995), authorizes an attorney who represented a ward or the ward's guardian to recover fees for time spent obtaining or litigating an award of attorney's fees.
- Whether the portion of the trial court's fee award attributable to time spent obtaining the fee award should be eliminated.
Holdings
- Section 744.108(1), Florida Statutes (1995), does not authorize an attorney to recover fees for time spent obtaining an award of attorney's fees, including time spent litigating entitlement to or the amount of the fees.
- The portion of the trial court's order finding that most of Klein's services were recoverable under section 744.108 was affirmed, subject to elimination of the portion attributable to obtaining the attorney-fee award.
Key quotations
“The statutory language does not permit the attorney to recover fees incurred while litigating against the ward or her heirs over attorney's fees.” (330)
“Platt's construction of so similar a statute compels the conclusion that section 744.108(1) does not allow recovery of attorney's fees incurred in obtaining an award of attorney's fees.” (330-331)
Factual background
Stuart Klein provided legal services to the guardian of a person appointed under chapter 744, Florida Statutes. The ward died on April 4, 1996. The trial court awarded Klein attorney's fees, including compensation for time spent after the ward's death collecting or litigating his fee award. The appellate court concluded that the services performed for the ward or guardian were generally recoverable, but time spent obtaining the fee award was not compensable under section 744.108(1).
Procedural history
The trial court awarded Stuart Klein attorney's fees for legal services rendered to the guardian of a ward. The ward died while the fee issue was pending. The appellate court initially affirmed per curiam, then granted rehearing, withdrew that affirmance, and held that fees could not be recovered for time spent obtaining the attorney-fee award.
Remand instructions
Remand to the trial court for recalculation of attorney's fees, eliminating the portion allocable to time spent obtaining the attorney-fee award.