Lynn Wolland v. Frank Wolland

Summary

The Third District Court of Appeal of Florida reviewed a final judgment assigning all attorney’s fees and costs in a partition action to Lynn Wolland. The court held that section 64.081, Florida Statutes, required the fees and costs to be apportioned between the parties according to their proportional interests in the partitioned property, reversed the judgment, and remanded with directions.

Holdings

1. Although the trial court had discretion to determine that Frank's attorney rendered services benefiting the partition and was entitled to fees, section 64.081 did not give it discretion to assign liability for those fees and costs solely to Lynn. The fees and costs had to be apportioned between the parties in accordance with their proportional interests in the partitioned property.

Questions Presented

1. Whether section 64.081, Florida Statutes (2023), permitted the trial court to assign all attorney's fees and costs incurred for services benefiting the partition solely to Lynn.
2. Whether the appellate court should reach Lynn's claim that the final judgment lacked findings required under Florida Patient’s Compensation Fund v. Rowe.

Disposition

reversed_and_remanded