Summary
The Florida Third District Court of Appeal affirmed the circuit court's decision in a probate appeal. The court cited section 733.106, Florida Statutes, and explained that costs and reasonable attorney compensation may be awarded from an estate in probate proceedings.
Topics
Practice areas
Questions Presented
- Whether the probate court's ruling concerning costs and compensation from the estate should be affirmed under section 733.106, Florida Statutes.
Holdings
- The probate court's ruling was affirmed. In probate proceedings, costs may be awarded as in chancery actions, and an attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.
Key quotations
“The rule in chancery cases is that a court of equity may, as justice requires, order that costs follow the result of the suit, apportion the costs between the parties, or require all costs be paid by the prevailing party.” (2)
Factual background
The opinion provides no substantive factual narrative. It indicates that the appeal arose from a probate proceeding involving an award or allocation of costs and potentially compensation for services rendered to an estate.
Procedural history
Elizabeth Joy Dascal appealed from an order of the Circuit Court for Miami-Dade County in probate case number 22-1298-CP-02. The Third District Court of Appeal affirmed without further discussion, relying on Florida's probate cost and estate-compensation statutes and Dayton v. Conger.