Leslie Voyles, as Administratrix of the Estate of Richard C. Baxter v. Grace Anne Glavin and Estate of Bobbye J. Kreisberg, deceased

Summary

The Florida Fifth District Court of Appeal held that a voluntary dismissal of a will contest immediately ends the litigation and divests the trial court of jurisdiction to entertain a subsequently filed motion for attorney’s fees as sanctions. The court further held that imposing attorney’s fees under the inequitable conduct doctrine without prior notice in the motion and a meaningful opportunity to be heard violates due process. The probate court’s $220,042.82 fee award was quashed.

Holdings

1. A voluntary dismissal immediately ends the litigation and divests the trial court of jurisdiction to entertain a subsequently filed motion for attorney's fees as sanctions.
2. Imposition of attorney's fees as sanctions under the inequitable conduct doctrine without prior notice in the motion and a meaningful opportunity to be heard violates due process.

Questions Presented

1. Whether the probate court lacked jurisdiction to entertain a motion for attorney's fees filed after Baxter voluntarily withdrew his objections and ended the probate litigation.
2. Whether Baxter was denied due process when attorney's fees were imposed as sanctions under the inequitable conduct doctrine without prior notice in the motion or a meaningful opportunity to be heard.

Disposition

quashed