In re Estate of Goldie Simon

Summary

In this probate dispute, the Florida Third District Court of Appeal reviewed attorney’s fee awards under sections 733.609 and 733.106(3), Florida Statutes. The court held that under section 733.609, a party challenging a personal representative’s breach of fiduciary duty may recover fees only for the specific claim on which it prevailed, not for all claims litigated. The court further held that under section 733.106(3), an award of fees against the estate requires a showing that the services conferred a net benefit; because the appellees’ actions prolonged litigation and dissipated estate assets, the fee award against the estate was reversed. On remand, any fee calculation must comply with the limitations in *Perez-Borroto v. Brea* and *Florida Patient’s Compensation Fund v. Rowe*.

Holdings

1. A party prevailing on even one claim in a surcharge action against a personal representative may recover attorney's fees under section 733.609, Florida Statutes, but only for services rendered in connection with the claim(s) on which they prevailed.
2. Attorney's fees under section 733.106(3) are recoverable only when the attorney's services confer a net benefit on the estate; services that prolong litigation and cause dissipation of the estate do not justify such an award.
3. On remand, the trial court must limit the fee award to the claim(s) prevailed upon and must apply the principles of Florida Patient's Compensation Fund v. Rowe and Perez-Borroto v. Brea, including the limitation based on the non-contingent fee arrangement between attorney and client.

Questions Presented

1. Whether appellees are entitled to attorney's fees under section 733.609, Florida Statutes, and whether the amount awarded was proper.
2. Whether appellees are entitled to attorney's fees under section 733.106(3), Florida Statutes, and whether the amount awarded was proper.

Disposition

reversed_and_remanded