Richardson v. Jones

Summary

The Florida Second District Court of Appeal held that an attorney who received excessive compensation for services to a personal representative could be ordered to refund the excessive amount, even though payment was made personally by the personal representative rather than directly from the estate. The court affirmed the authority to require reimbursement but reversed and remanded because the trial court miscalculated the amount of fees actually paid.

Holdings

1. A probate court may order an attorney to refund excessive compensation received for services rendered to an estate even when the personal representative paid the attorney personally rather than directly from estate funds.
2. The refund must be calculated using the actual amount Richardson received from Jones, less the $2,650.29 allowed by the trial court, rather than the erroneous $8,018.49 figure.
3. The trial court's determination of the reasonable amount of attorney's fees did not violate Richardson's constitutional right to a jury trial.

Questions Presented

1. Whether the trial court had authority to order Richardson to reimburse the estate for excessive attorney's fees when Jones paid him personally rather than from estate funds.
2. Whether the trial court correctly calculated the amount of attorney's fees Richardson had received.
3. Whether determining the reasonable amount of attorney's fees without a jury violated Richardson's constitutional right to a jury trial.

Disposition

reversed_and_remanded