Dourado v. Chousa, 604 So. 2d 864 (Fla. 5th DCA 1992). · Go Syfert
Dourado v. Chousa, 604 So. 2d 864 (Fla. 5th DCA 1992). Cases Citing This Book View Copy Cite
7 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: Brindle v. Brindle (fladistctapp, 2008-10-29)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Brindle v. Brindle
Fla. Dist. Ct. App. · 2008 · confidence medium
See Dayton v. Conger, 448 So.2d 609, 611-12 (Fla. 3d DCA 1984); Dourado v. Chousa, 604 So.2d 864, 865 (Fla. 5th DCA 1992); cf. § 733.106(3)-(4), Fla. Stat. (2006) (allowing, in proper circumstances, attorneys fees and costs to be awarded from interests in an estate).
cited Cited "see" D.P. v. Department of Children & Families
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Dourado v. Chousa, 604 So.2d 864 (Fla. 5th DCA 1992).
cited Cited "see" Snyder v. Bell
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Dourado v. Chousa, 604 So.2d 864, 865 (Fla. 5th DCA 1992); Dayton, 448 So.2d at 611 .
discussed Cited "see, e.g." Anderson v. McDonough
Fla. Dist. Ct. App. · 2016 · signal: see also · confidence medium
See Snyder v. Bell, 746 So.2d 1100, 1104 (Fla. 2d DCA 1999) (“[Sjection 733.106, which provides for attorney’s fees for services rendered to an estate, does not provide a valid basis for personal .liability for attorney’s fees.”) (citing Dayton v. Conger, 448 So.2d 609, 611 (Fla. 3d DCA 1984)); see also Dourado v. *268 Chousa, 604 So.2d 864, 865-66 (Fla. 5th DCA 1992).
Retrieving the full opinion text from the archive…
Manuel DOURADO, Appellant/Cross-Appellee,
v.
Maria D. CHOUSA, etc., et al., Appellees/Cross-Appellants.
91-1569, 91-2807.
District Court of Appeal of Florida, Fifth District.
Aug 7, 1992.
604 So. 2d 864
Peterson.
Cited by 6 opinions  |  Published

[*865] J. Lester Kaney, Cobb Cole & Bell, Daytona Beach, for appellant/cross-appellee.

Catherine G. Swain, P.A., Dunn, Webster & Swain, Daytona Beach, for appellees/cross-appellants.

PETERSON, Judge.

Manuel Dourado appeals portions of the trial court's 31-page amended final judgment which sets forth findings of fact and conclusions of law. The court determined that certain inter vivos transfers to Manuel from his mother and father were not gifts, but loans, and that, upon the death of his mother (the father predeceased the mother), Manuel's denial of the existence of the loans deprived the mother's estate of assets. Under the mother's will, the estate assets were to be shared equally by Manuel, his sister, Maria D. Chousa, and his brother, Frank Dourado, personal representative of their mother's estate. Maria and Frank, and Frank as personal representative, cross-appeal portions of the amended final judgment that found certain inter vivos transfers from their parents to Manuel to be gifts. The final judgment concluded four years of litigation involving the siblings. The factual findings of the trial court included detailed tracing of funds into purchases and sales of noncash assets. In arriving at the findings of fact, the trial court remarked that much of the testimony of one witness had to be rejected as unworthy of belief.

We will not disturb the findings of fact included in the amended final judgment. It is not the function of an appellate court to weigh conflicts of evidence and testimony. Cripe v. Atlantic First Nat'l Bank of Daytona Beach, 422 So.2d 820, 821 (Fla. 1982); Schmeck v. Sea Oats Condominium Ass'n, Inc., 441 So.2d 1092 (Fla. 5th DCA 1983).

The trial judge reserved jurisdiction to award attorney's fees to the mother's estate and against Manuel. The court also reserved jurisdiction to consider and determine an award of a deficiency judgment against Manuel in the event that the amount of attorney's fees awarded exceeded the value of Manuel's share of the estate, plus the value of certain of his property upon which constructive and resulting trusts were imposed. While the respective values and amounts have yet to be determined by the court, we consider it appropriate now to comment upon the entry of a deficiency judgment against Manuel based upon an award of attorney's fees to the estate. The amended final judgment is silent upon the authority for an award of attorney's fees to the estate, but we presume it is pursuant to section 733.106, Florida Statutes (1989). This is the basis for the fees alleged in the personal representative's complaint. Section 733.106(3) allows any attorney who has rendered services to an estate to apply for an award of fees. If the court awards fees, the court may also[*866] direct the part of the estate that will bear the impact. Subsection 733.106(4). Subsections 733.106(3) and 733.106(4) do not contemplate imposition of personal liability for the fees in the event a beneficiary's share is not sufficient to satisfy the full amount of the fees awarded. Dayton v. Conger, 448 So.2d 609 (Fla. 3d DCA 1984).

The amended final judgment is affirmed except to the extent that it contemplates the payment of attorney's fees from such of Manual's personal assets that do not constitute a portion of the assets of his mother's estate. This action is remanded for further proceedings for which the trial court reserved jurisdiction.

AFFIRMED in part; REMANDED.

COBB and HARRIS, JJ., concur.