CopyCited 22 times | Published | Florida 3rd District Court of Appeal
...all the assets distributed to themselves as the residuary beneficiaries. If these allegations are ultimately proved, the personal representatives would be liable to Horn for the damages or loss which resulted from the breach of this fiduciary duty. § 733.609....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...o the Florida Guardianship Law, all of which became effective January 1, 1976. [2] §
743.07, Fla. Stat. (1977). [3] The objections to the accountings were tacitly tried as a petition to hold the personal representative personally liable pursuant to Section
733.609, Florida Statutes (1977). [4] The order also retained jurisdiction to tax attorney's fees in favor of Dawn [§
733.609, Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 228 U.S.P.Q. (BNA) 19
...a speedy `release from the duties of Executor or Executrix, Administrator or Administratrix,' after a faithful and honest discharge of the trust." (Emphasis supplied.)). However, this policy must be harmonized with the larger policy that requires the uncompromising fidelity of personal representatives. See generally § 733.609, Fla....
...to a cause of action." Kelley v. School Board of Seminole County, *92
435 So.2d 804, 806 (Fla. 1983); see also Nolen v. Sarasohn,
379 So.2d 161, 162-63 (Fla. 3d DCA 1980). An action for breach of fiduciary duty is founded upon a statutory liability, §
733.609, Fla....
...ke all steps reasonably necessary for the protection and preservation of the estate. Cf. In re Sidebotham's Estate, 291 P.2d at 968. A personal representative is held to the standards of a trustee. See Beck v. Beck,
383 So.2d 268 (Fla. 3d DCA 1980); §
733.609, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1989 WL 97671
...Goldman, and Sue Ann Hochberg, West Palm Beach, for appellant. Stanton G. Levin, Miami, Richard H.W. Maloy, Key Biscayne, for appellees. *211 Before HUBBART, LEVY and GERSTEN, JJ. PER CURIAM. This is an appeal from a final order awarding attorney's fees. The award was based on section
733.609, Florida Statutes (1987) and section
733.106(3), Florida Statutes (1987)....
...s, but did not prevail on their other claims against Gastel. The court determined that Gastel owed the estate $4,522.00. In 1987, appellees filed a two-count petition for attorney's fees. Count I of the petition was a claim for attorney's fees under section 733.609, Florida Statutes....
...Moreover, the court found that appellees' appeal, of an attorney's fee award, was of benefit to the estate. See Clark v. Squire, Sanders & Dempsey,
495 So.2d 264 (Fla. 3d DCA 1986). Gastel contends appellees are not entitled to attorney's fees under section
733.609, Florida Statutes or section
733.106(3), Florida Statutes. Gastel further argues that assuming arguendo, appellees are entitled to attorney's fees under the above statutes, the fee award must be reversed because it is excessive. Appellees claim that attorney's fees were properly awarded pursuant *212 to section
733.609, Florida Statutes, and section
733.106(3), Florida Statutes. I. We will consider the issues raised seriatim. Gastel first contends appellees are not entitled to attorney's fees under section
733.609, Florida Statutes. Section
733.609 Florida Statutes, provides: If the exercise of power concerning the estate is improper or in bad faith, the personal representative is liable to interested persons for damage or loss resulting from a breach of his fiduciary duty to the same extent as a trustee of an express trust....
...ncluding attorney's fees. Under the statute, a person claiming damages for breach of fiduciary duty or improper exercise of power by the personal representative, may be entitled to recover attorney's fees and costs incurred "as in chancery actions." § 733.609, Fla....
...Oceanside Plaza Condominium Association, Inc.,
425 So.2d 650 (Fla. 3d DCA 1983); Zaremba Florida Company v. Klinger,
550 So.2d 1131 (Fla. 3d DCA 1989). We conclude the trial court did not abuse its discretion in awarding attorney's fees against Gastel under section
733.609, Florida Statutes. We rule, however, that the trial court did err in determining the amount of attorney's fees to be awarded against Gastel. The trial court is directed upon its redetermination of the award, to award attorney's fees under section
733.609, Florida Statutes, only with respect to the claim under the petition for surcharge, on which appellees did prevail....
...fee award against the estate under this statute is reversed. Having found no entitlement to attorney's fees awarded under section
733.106(3), Florida Statutes, and having sent back the cause for a redetermination of the attorney's fees awarded under section
733.609, Florida Statutes, we do not find it necessary to address the other issues raised by Gastel on appeal....
...rney and client where the trial court applies the principles set forth in Rowe. Accordingly, the attorney's fees awarded against the estate under section
733.106(3), Florida Statutes, is reversed; and the attorney's fees awarded against Gastel under section
733.609, Florida Statutes, is reversed and remanded.
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304
...Accordingly, he contends he should not have to pay the other parties' attorney's fees, but they should be paid out of estate funds. He admits, of course, that that appeal was properly dismissed because of the unmet requirement of section
733.615. Appellees point out that according to section
733.609, Florida Statutes (1983), a personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty, if the personal representative improperly exercises power concerning the estate....
...roperly. Hence, say appellees, the order surcharging the other parties' attorney's fees in the former appeal to appellant is correct. They point out all the usual steps up to and including oral argument were taken in the appeal, and that was costly. Section 733.609, Florida Statutes (1983), reads as follows: Improper exercise of power; breach of fiduciary duty....
...secute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of his duties. We refer to the nature of the other nearby sections of the part to provide a context for section 733.609. It is to be noted that the first sentence of section 733.609 makes "the personal representative ......
...a co-personal representative may not "go it alone" to appeal a probate court order that he could appeal if he were the sole personal representative. If appellant's conduct here was egregious, the opposing parties have failed to show it. Inasmuch as section 733.609 likens the role of a personal representative to that of a trustee of an express trust, we find it helpful to see what is the usual law respecting surcharge, which is payment by a trustee of damages to a beneficiary out of the trustee's own funds for breach of trust....
...co-personal representative *732 erroneously attempted to appeal a determination of the probate court that the will he propounded and thought in good faith was valid was obtained by another person's undue influence. Recent Florida case law involving section
733.609 typically concerns conversion of estate business interests, as in In re Corbin's Estate,
391 So.2d 731 (Fla....
...h). A point made in that case, albeit quoting from Dacus v. Blackwell,
90 So.2d 324, 328 (Fla. 1956), is that the personal representative should not be allowed to profit by failing to do what the fiduciary relationship requires him to do. We believe section
733.609 provides for holding a personal representative accountable for malfeasance and misfeasance in conducting the affairs of the estate and should not be construed to concern what is no more than an effort to carry out one's obligations to...
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...Scharlau,
353 So.2d 961 (Fla.2d DCA 1978); Ressler v. Sena,
307 So.2d 457 (Fla.4th DCA 1975). Appellee contends that because Winifred committed the tort while acting as the personal representative of Lloyd, Jr.'s estate in Volusia County, she becomes personally liable to interested persons under section
733.609 and section
733.619(2), Florida Statutes (1979), and thus amenable to the jurisdiction of the courts of this state under section
48.193, because she committed the tortious act in the state....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 60835
...ed by law, ethics and the probate code. The personal representative may be liable to interested persons for damage or loss resulting from a breach of his fiduciary duty when the personal representative exercises his power improperly or in bad faith. § 733.609, Fla....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 56 U.S.L.W. 2030
...Second, we note that if the representative party’s exercise of power concerning the estate is improper or in bad faith, then the personal representative is liable to interested per *1583 sons for damages or loss resulting from a breach of his fiduciary duty to the same extent as is a trustee of an express trust. F.S. § 733.609....
CopyCited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...ested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it was approved by the court after notice to all interested persons, and by section 733.609, Florida Statutes, involving bad faith actions by the personal representative....
...Committee notes revised and expanded. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Editorial changes. Statutory References 733.609, Fla.Stat....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1994 WL 90394
...March 22, 1994. Rehearings Denied June 7, 1994. *73 Robert M. Brake, for appellant. Harold M. Braxton and Richard T. Kozek, Jr., for appellees. Before SCHWARTZ, C.J., and HUBBART and COPE, JJ. PER CURIAM. Eileen Brake appeals an order surcharging her pursuant to section 733.609, Florida Statutes (1991), for negligence and breach of fiduciary duty as personal representative of the estate of Eileen E....
...Under the statute regulating personal representatives, "If the exercise of power concerning the estate is improper or in bad faith, the personal representative is liable to interested persons for damage or loss resulting from a breach of his fiduciary duty to the same extent as a trustee of an express trust." § 733.609, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1995 WL 96813
...e estate's administration and a final judgment was entered against him. [1] The trial court reserved jurisdiction to determine appropriate attorney's fees and costs. Stokus and Olson filed a motion to tax attorney's fees and costs in accordance with section 733.609, Florida Statutes (1991)....
...DANAHY and LAZZARA, JJ., concur. NOTES [1] The trial court found Phillips indebted to the estate for the amount of $20,996.40. We affirmed the trial court on appeal. Phillips v. Stokus,
626 So.2d 1378 (Fla. 2d DCA 1993) (per curiam). [2] Florida Statute Section
733.609 is the surcharge provision of the Florida Probate Code, according to which the trial court, "[i]n all actions challenging the proper exercise of a personal representative's powers," is required to award taxable costs, "including attor...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2013 WL 3155849, 2013 Fla. App. LEXIS 9927
...Because Pamela and Cynthia failed to meet their evidentiary burden to prove the demanding standard for undue influence and to show any breach of Glenna’s fiduciary duties, the trial court’s ruling must be reversed. In addition, the trial court’s award of fees and litigation costs must also be reversed. See § 733.609(1), (2), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2012 WL 2327921, 2012 Fla. App. LEXIS 9949
...79 and
733.106(3), Florida Statutes (2009). While *1071 the appeal was pending, the trial court conducted a hearing on the fee motion. During this hearing, Fels argued entitlement to fees on the grounds listed in his motion as well as under sections
733.609 and
733.619, Florida Statutes (2009), which were not discussed in his motion....
...ate a basis for fees on the new grounds raised at the hearing. In his amended motion, Fels argued that he was entitled to fees under the following sections: (i) section
733.106(3), authorizing fees when services have been rendered to an estate; (ii) section
733.609(1), allowing for fees in actions for breach of fiduciary duty or improper exercise of a personal representative’s powers; and (iii) section
733.619(2), establishing individual liability against a personal representative for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate if personally at fault. §§
733.106(3),
733.609(1) and
733.619(2), Fla. Stat. (2009). After a second hearing, the trial court concluded that Fels was entitled to fees pursuant to sections
733.609(1) and
733.619(2), but denied fees under section
733.106(3). In the midst of the fee proceedings occurring at the trial court level, an appeal was filed in the underlying action. As part of that appeal, Fels moved for an award of appellate attorney’s fees pursuant to sections
733.106,
733.609 and
733.619, Florida Statutes (2009), the same grounds raised in the trial court....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 35374
...[2] The trial court dismissed the DOT from this lawsuit. [3] Sullivan admitted that the funds which had been advanced to the estate or the survivors could be set off on a pro rata basis in relation to the individual claims. [4] We have not ignored section 733.609, Florida Statutes (1987) which permits an action against a personal representative for breach of a fiduciary duty....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1781448
...If the exercise of power concerning the estate is improper or in bad faith, the personal representative is liable to interested persons for damage or loss resulting from a breach of her fiduciary duty to the same extent as a trustee of an express trust. See § 733.609, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...§
733.505, Fla. Stat. Jurisdiction in removal proceedings. §
733.506, Fla. Stat. Proceedings for removal. §
733.5061, Fla. Stat. Appointment of successor upon removal. §
733.603, Fla. Stat. Personal representative to proceed without court order. §
733.609, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 18086, 2014 WL 5611595
...brought the review proceeding. 610 So. 2d at 1325.
4
“A personal representative is a fiduciary who shall observe the
standards of care applicable to trustees.” §
733.602(1), Fla. Stat. (2014);
see also §
733.609(1), Fla....
...individually may be determined in a proceeding for accounting, surcharge,
or indemnification, or other appropriate proceeding.” §
733.619(4), Fla.
Stat. (2014) (emphasis added). In In re Estate of Pearce,
507 So. 2d 729
(Fla. 4th DCA 1987), we said:
Inasmuch as section
733.609 likens the role of a personal
representative to that of a trustee of an express trust, we find
it helpful to see what is the usual law respecting surcharge,
which is payment by a trustee ....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1203
...Erika Anderson, the decedent's mother, filed these consolidated appeals from a final order of the trial court dismissing her petition to remove Kathleen Anderson, the decedent's widow, as personal representative *530 of the decedent's estate [1] and assessing attorney's fees against appellant under sections
57.105 and
733.609, Florida Statutes (1983)....
...e under the statute as the parent of an adult child who left a surviving spouse and a lineal descendant. Turning to the second appeal filed in this cause, the trial court assessed attorney's fees in the amount of $4,700 against appellant pursuant to section
733.609, Florida Statutes (1983) for the Petition for Removal of Personal Representative and for the Petition for Removal of Personal Representative Pendente Lite and assessed attorney's fees pursuant to section
57.105, Florida Statutes (1983...
...We find also that attorney's fees should not have been assessed against the appellant personally for the Petition for Removal of Personal Representative Pendente Lite. While this was an unsuccessful challenge to the proper exercise of the personal representative's powers under section 733.609 for which fees and costs will lie, the estate should be assessed for the attorney's fees....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 722, 2015 WL 248731
...his propounding of discovery requests constituted an “action” challenging the trustee’s exercise of her powers. The trustee further alleged that her motion was brought “pursuant to Fla. R. Civ. P. 1.525 [and] Sections
86.081,
733.106, [and]
733.609, Florida Statutes [ (2009) ].” The rule and statutes provide as follows: • Rule 1.525 states, in pertinent part: “Any party seeking a judgment taxing *352 costs, attorneys’ fees, or both shall serve a- motion no later than 30 days after filing of the judgment .... ” • Section
86.081 states: “The court may award costs as are equitable.” • Section 738.106(1) states: “In all probate proceedings costs may be awarded as in chancery actions.” • Section
733.609(1) states, in pertinent part: “In all actions for breach of fiduciary duty or challenging the exercise of ... a personal representative’s powers, the court shall award taxable costs as in chancery actions, including attorney’s fees.” • Section
733.609(2) states, in pertinent part: “When awarding taxable costs, including attorney’s fees, under this section, the court in its discretion may direct payment from a party’s interest, if any, in the estate or enter a judgment which m...
...I’m ruling on the ones you pled. The trustee filed a motion for rehearing of the court’s denial of her oral motion for attorney’s fees. The motion argued that the court erred based upon the trustee having filed her motion for attorney’s fees pursuant to section 733.609 and rule 1.525....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 4377
...he debtor was guilty of: "willful payment of approximately $43,000 in violation of this Court's Order dated November 9, 1980...". That sum included $9,000 due and payable to plaintiff. The court also found plaintiff was entitled under §
733.106 and §
733.609, Florida Statutes, to her reasonable costs and fees of $4,757.70, which sums comprise the balance of the judgment she received....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...733.504 Causes of removal of personal representative. F.S.
733.505 Jurisdiction in removal proceedings. F.S.
733.506 Proceedings for removal. F.S. 733.507 Administration following resignation or removal. F.S.
733.603 Personal representative to proceed without court order. F.S.
733.609 Improper exercise of power; breach of fiduciary duty....
...733.901 (Accounting). (3) F.S.
733.613 (Sale or Confirmation). (4) F.S.
733.612(22) (Business). (5) F.S.
733.612(24) (Claims). (6) F.S.
733.612(5) (Purchase on Credit). (7) F.S.
733.612(24) (Distribution and Discharge). (8) F.S.
733.502 (Resignation). See also F.S.
733.609 (Breach of Duty)....
...733.610, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it was approved by the court after notice to all interested persons, and by F.S. 733.609, involving bad faith actions by the personal representative....
...The requirement to record a certified copy of the order approving sale of real estate in each county where the real property or any part thereof is situated has been deleted. Committee notes revised and expanded. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. Statutory References F.S. 733.609 Improper exercise of power; breach of fiduciary duty....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...733.504 Causes of removal of personal representative. F.S.
733.505 Jurisdiction in removal proceedings. F.S.
733.506 Proceedings for removal. F.S. 733.507 Administration following resignation or removal. F.S.
733.603 Personal representative to proceed without court order. F.S.
733.609 Improper exercise of power; breach of fiduciary duty....
...733.901 (Accounting). (3) F.S.
733.613 (Sale or Confirmation). (4) F.S.
733.612(22) (Business). (5) F.S.
733.612(24) (Claims). (6) F.S.
733.612(5) (Purchase on Credit). (7) F.S.
733.612(24) (Distribution and Discharge). (8) F.S.
733.502 (Resignation). See also F.S.
733.609 (Breach of Duty)....
...733.610, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it was approved by the court after notice to all interested persons, and by F.S. 733.609, involving bad faith actions by the personal representative....
...The requirement to record a certified copy of the order approving sale of real estate in each county where the real property or any part thereof is situated has been deleted. Committee notes revised and expanded. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. Statutory References F.S. 733.609 Improper exercise of power; breach of fiduciary duty....
CopyPublished | Supreme Court of Florida
representative to proceed without court order. §
733.609, Fla. Stat. Improper exercise of power; breach
CopyPublished | Florida 3rd District Court of Appeal
...te two-year time period.
The beneficiaries sought to hold the personal representative personally
liable, and surcharge him, for the alleged, errant disbursements based on
the personal representative’s alleged breach of his fiduciary duties. See §
733.609(1), Fla....
...the same as the fiduciary duty of a trustee of an express trust, and a personal
representative is liable to interested persons for damage or loss resulting
from the breach of this duty.”); In re Estate of Pearce,
507 So. 2d 729, 731
(Fla. 4th DCA 1987) (recognizing that section
733.609 permits surcharging
a personal representative for making unauthorized payments from an
estate’s bank account); see also §
733.710(1), Fla....
...accounting, as confirmed by the personal representative’s affidavit,
establishes that these disbursements were made to satisfy personal debts
of the decedent, and the personal representative’s affidavit provides no
rational explanation to the contrary. See § 733.609(1), Fla....
CopyPublished | Supreme Court of Florida
...persons if there was a conflict of interest without full disclosure and
consent, unless the will or contract entered into by the decedent
authorized the transaction or it was approved by the court after
- 63 -
notice to all interested persons, and by section 733.609, Florida
Statutes, involving bad faith actions by the personal representative.
Note provision for attorneys’ fees.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla....
CopyPublished | Supreme Court of Florida
...persons if there was a conflict of interest without full disclosure and
consent, unless the will or contract entered into by the decedent
authorized the transaction or it was approved by the court after
- 63 -
notice to all interested persons, and by section 733.609, Florida
Statutes, involving bad faith actions by the personal representative.
Note provision for attorneys’ fees.
Rule History
[NO CHANGE]
Statutory References
[NO CHANGE]
Rule References
Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1366, 1988 Fla. App. LEXIS 2475, 1988 WL 56508
...See Costa Bella Development Corp. v. Costa Development Corp.,
445 So.2d 1090 (Fla. 3d DCA 1984). We reject the theories advanced by the widow that she is protected by either section
733.601 or section
733.708, Florida Statutes (1985). The claim for attorney’s fees under section
733.609, Florida Statutes (1985) filed by the out-of-state Central Bank, if indeed it has merit, is certainly premature at this time and therefore denied without prejudice....
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 8316, 1999 WL 438842
...al liability for costs, except in cases of improper or bad faith conduct. Even assuming arguendo that Furlong had been the personal representative of the decedent’s last known will, her reliance upon Landon is misplaced. The Landon court construed section
733.609, Florida Statutes (1993) 2 , not section
733.106(2), *585 and held merely that a personal representative does not breach his or her fiduciary duty (and hence subject the personal representative to damages) by opposing a debatable claim that later proves to be valid....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...§
733.506, Fla. Stat. Proceedings for removal. §
733.5061, Fla. Stat. Appointment of successor upon removal. ■§-733.507, Fla. Sta^Administration following resignation or-removal. §
733.603, Fla. Stat. Personal representative to proceed without court order. §
733.609, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1486, 1987 Fla. App. LEXIS 8824
...ut ultimately unsuccessful action by the beneficiaries to surcharge the p.r. for alleged improprieties in the performance of its duties. 1 Anderson v. *542 Anderson,
468 So.2d 528 (Fla. 3d DCA 1985), pet. for review denied,
476 So.2d 672 (Fla.1985); §
733.609, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 2001 Fla. App. LEXIS 9172, 2001 WL 746703
...ment and the law of the case. Any future costs and expenses incurred as a result of her failure to so act, including the attorney’s fees and costs of this appeal, as well as future action in the court below, must be imposed against her pursuant to section 733.609 Florida Statutes (2000)....
...ed person except one who has consented after fair disclosure, unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction; or (2) The transaction is approved by the court after notice to interested persons. . Section 733.609, Florida Statutes (2000) provides: If the exercise of power concerning the estate is improper or in bad faith, the personal representative is liable to interested persons for damage or loss resulting from a breach of his or her fiduciary duty to the same extent as a trustee of an express trust....
CopyPublished | Supreme Court of Florida
...Jurisdiction in removal proceedings.
§
733.506, Fla. Stat. Proceedings for removal.
§
733.5061, Fla. Stat. Appointment of successor upon
removal.
§
733.603, Fla. Stat. Personal representative to proceed
without court order.
-7-
§
733.609, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...§
733.505, Fla. Stat. Jurisdiction in removal proceedings. §
733.506, Fla. Stat. Proceedings for removal. §
733.5061, Fla. Stat. Appointment of successor upon removal. §
733.603, Fla. Stat. Personal representative to proceed without court order. §
733.609, Fla....
CopyPublished | Florida 4th District Court of Appeal
...to accept his $25,000 bequest and his propounding of discovery requests
constituted an “action” challenging the trustee’s exercise of her powers.
The trustee further alleged that her motion was brought “pursuant to Fla.
R. Civ. P. 1.525 [and] Sections
86.081,
733.106, [and]
733.609, Florida
Statutes [(2009)].” The rule and statutes provide as follows:
Rule 1.525 states, in pertinent part: “Any party seeking a
judgment taxing costs, attorneys’ fees, or both shall serve a
motion no later than 30 days after filing of the judgment . . . .”
Section
86.081 states: “The court may award costs as are
equitable.”
Section
733.106(1) states: “In all probate proceedings costs may
be awarded as in chancery actions.”
Section
733.609(1) states, in pertinent part: “In all actions for
breach of fiduciary duty or challenging the exercise of . . . a
personal representative’s powers, the court shall award taxable
costs as in chancery actions, including attorney’s fees.”
Section
733.609(2) states, in pertinent part: “When awarding
taxable costs, including attorney’s fees, under this section, the
2
court in its discretion may direct payment from a party’s in...
...I’m ruling
on the ones you pled.
The trustee filed a motion for rehearing of the court’s denial of her oral
motion for attorney’s fees. The motion argued that the court erred based
upon the trustee having filed her motion for attorney’s fees pursuant to
section 733.609 and rule 1.525.
The beneficiary filed a response to the trustee’s motion for rehearing.
The beneficiary argued, in pertinent part:
It is axiomatic and established Florida law that claims for
attorney’s fees, be the...
CopyPublished | Florida 5th District Court of Appeal
PER CURIAM. AFFIRMED. See §
733.609(1), Fla. Stat. (2016) ("A personal representative's fiduciary duty
CopyPublished | Florida 5th District Court of Appeal
PER CURIAM. AFFIRMED. See §
733.609(1), Fla. Stat. (2016) ("A personal representative's fiduciary duty
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 1804, 2006 WL 334998
...d of the personal representative. §
733.612(19), (20). As a fiduciary, see section
733.602(1), if the personal representative breaches his fiduciary duty, he may be liable to the interested persons for damage or loss resulting from that breach. See §
733.609; see also Landon v....
...MacDonald from expending estate monies to prosecute the pending appeals. Should the trial court determine, upon proper motion and after full review of the completed appellate proceedings, that the appeals were not taken in good faith or were frivolous, it has other remedies available to it. See § 733.609....
CopyPublished | Florida 5th District Court of Appeal
...position than she would have occupied without the breach of
fiduciary duty. This was error because a personal representative’s
liability to interested persons for breach of fiduciary duty is limited
to the “damage or loss resulting from the breach.” § 733.609(1), Fla.
Stat....
...because that amount put the plaintiff “in the position as if
[defendant] had not breached its fiduciary duty”). On remand, the
court shall award Coppelli only the amount that she would have
recovered from the estate if Brush had not breached her fiduciary
duty. See §§
733.609(1),
733.707, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7732, 1991 WL 148348
...Section
733.615, Florida Statutes (1987) provides that when joint personal representatives are appointed, as here, concurrence is “required on all acts connected with the administration and distribution of the estate.” We find Mickler’s liability potential to be quite limited actually. While section
733.609 provides that “[i]f the exercise of power concerning the estate is improper or in bad faith the personal representative is liable to interested persons for damage or loss resulting from a breach of his fiduciary duty,” section 733...
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9138, 1996 WL 491854
...The personal representative filed an objection to the claim, as a result of which Isler filed the independent action which is the subject of this appeal. In a two count complaint, Isler sought declaratory relief to establish the validity of his claim against the estate (count I) as well as damages, pursuant to section 733.609, Florida Statutes (1993), for breach of fiduciary duty by the personal representative (count II)....
...act in good faith in failing to acknowledge [Isler’s] claim and to provide [Isler] with prompt notice under §
733.212(4)(a), Florida Statute.” 1 On the record before us, we hold that neither of these acts gives rise to a claim for damages under section
733.609, Florida Statutes (1993), which provides: If the exercise of power concerning the estate is improper or in bad faith, the personal representative is liable to interested persons for damage or loss resulting from a breach of his fiduciary duty to the same extent as a trustee of an express trust....
...s put on notice that he was a claimant and when they actually sent out the notice to him.” We question whether such legal fees and costs associated with asserting a claim against an estate are items of "damage or loss” as those terms are used in section 733.609....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3326942, 2012 Fla. App. LEXIS 13561
...1 Jeanne filed a third party complaint against her brother for conversion and unjust enrichment regarding funds taken from their aunt’s bank account. She later voluntarily dismissed this third party complaint. The trial court awarded the brother attorney’s fees against Jeanne under sections
733.609 and
733.106(3), Florida Statutes (2010). We reverse. Section
733.609 is inapplicable since the third party complaint was not an action “for breach *703 of fiduciary duty or challenging the exercise of or failure to exercise a personal representative’s powers.” §
733.609(1), Fla....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2008 WL 5411578
...A personal representative is liable for his breaches of fiduciary duty: A personal representative's fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty. Fla. Stat. § 733.609(1)....
...He was removed as the Personal Representative as a result of such failing. His failure to make distribution to the Plaintiff of funds that were entrusted to him as the Personal Representative constitutes a defalcation of fiduciary duty. Fla. Stat. §§
733.602(1),
733.608(1)(c),
733.609(1); Quaif,
4 F.3d at 955....
