Glantz and Glantz, P.A. v. Chinchilla, Glantz and Glantz, P.A. v. Chinchilla, 17 So. 3d 711 (Fla. 4th DCA 2009) | District Court of Appeal of Florida, Fourth District 2009 | LawTools

Cases Cited(5)

Bitterman v. Bitterman, 685 So. 2d 861, 865 (Fla. 4th DCA 1996), rev'd on other grounds, 714 So. 2d 356 (Fla. 1998)Followed

Sitomer v. First of America Bank-Central, 667 So. 2d 456, 458 (Fla. 4th DCA 1995)Followed

Estate of Brock, 695 So. 2d 714, 718 (Fla. 1st DCA 1996)Followed

Sotolongo v. Brake, 616 So. 2d 413, 413-14 (Fla. 1992)Followed

Bitterman v. Bitterman, 714 So. 2d 356 (Fla. 1998)Cited

Summary

The Florida Fourth District Court of Appeal held that a probate court abused its discretion by applying a prepaid legal-services discount twice when awarding attorney's fees. The court reversed and remanded for an award of $12,400 in attorney's fees plus costs.

Holdings

The probate court abused its discretion by reducing the reasonable fee by an additional 51% after accepting that the prepaid-program hourly rate and the resulting $13,500 fee were reasonable.
The law firm was entitled to an award of $12,400 in attorney's fees plus costs.

Questions Presented

Whether the probate court abused its discretion by applying a second 51% reduction to an expert's reasonable-fee estimate when the estimate already reflected the prepaid legal services program's discounted hourly rate.
Whether the law firm was entitled to an award of $12,400 in attorney's fees plus costs.

Disposition

reversed_and_remanded

Cases Cited (5)

Bitterman v. Bitterman, 685 So. 2d 861, 865 (Fla. 4th DCA 1996), rev'd on other grounds, 714 So. 2d 356 (Fla. 1998)(followed for standard of review)
Sitomer v. First of America Bank-Central, 667 So. 2d 456, 458 (Fla. 4th DCA 1995)(followed)
Estate of Brock, 695 So. 2d 714, 718 (Fla. 1st DCA 1996)(followed)
Sotolongo v. Brake, 616 So. 2d 413, 413-14 (Fla. 1992)(followed)
Bitterman v. Bitterman, 714 So. 2d 356 (Fla. 1998)(noted)