Drelich v. Guardianship of Drelich

Summary

The Florida Third District Court of Appeal held that a husband’s request for attorney’s fees and costs under section 744.331(7)(c), Florida Statutes, warranted an evidentiary hearing after his wife’s guardianship petition was dismissed. The court concluded that the record supported allegations that the petition may have been filed in bad faith and that fees associated with defending the guardianship proceeding could be recoverable. The case was remanded for findings regarding bad faith.

Holdings

1. When a petition to determine incapacity is dismissed, section 744.331(7)(c) permits the court to assess the costs and attorney's fees of the proceeding against the petitioner if the petition was filed in bad faith, without restricting recovery to fees incurred by court-appointed counsel or excluding fees incurred by the allegedly incapacitated person's own attorney.
2. A motion for attorney's fees and costs under section 744.331(7)(c) warrants an evidentiary hearing when the record presents substantial indications that the guardianship petition was filed in bad faith.

Questions Presented

1. Whether section 744.331(7)(c), Florida Statutes, permits an award of attorney's fees and costs to the allegedly incapacitated person when a guardianship petition is dismissed and the court finds that the petitioner acted in bad faith.
2. Whether the husband's motion for attorney's fees and costs warranted an evidentiary hearing based on the alleged omissions, disproven allegations, and circumstances surrounding the wife's guardianship petition.

Disposition

reversed_and_remanded