Florida Statutes
Fla. Stat. § 736.1004 (2025)
Attorney’s fees and costs.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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736.1004 Attorney’s fees and costs.—
(1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and
the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees.
(2) When awarding taxable costs under this section, including attorney fees and guardian ad litem fees, the court, in its discretion, may direct payment from a party’s interest, if any, in the trust or enter a judgment that may be satisfied from other property of the party, or both.
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 2012–2025 · leading case: Levine v. Stimmel, 272 So. 3d 847 (Fla. 5th DCA 2019).
Levine v. Stimmel, 272 So. 3d 847 (Fla. 5th DCA 2019). “Appellant, Scott Levine, appeals the supplemental final judgment, awarding Appellee, Bonnie Stimmel, attorney's fees and costs pursuant to section 736.1004, Florida Statutes (2017).”
Jacobson v. Sklaire, 92 So. 3d 228 (Fla. 3d DCA 2012). “See, now, Fla. Stat. § 736.1004 . . § 736.1004 Fla.”
Harrell v. Badger, 171 So. 3d 764 (Fla. 5th DCA 2015). “Section 736.1004, Florida Statutes (2008), requires a trial court to award attorneys’ fees and other costs “as in chancery actions.”
Weinman v. Warren (M.D. Fla. 2025). “The plaintiff subsequently filed a Motion for Entitlement to Attorney’s Fees under Fla. Stat. §736.1004 (Doc. 51). The defendant, who could have proceeded pro se in her individual capacity, did not file a response to the motion.”
Levine v. Stimmel, 272 So. 3d 847 (Fla. 5th DCA 2019). “Appellant, Scott Levine, appeals the supplemental final judgment, awarding Appellee, Bonnie Stimmel, attorney's fees and costs pursuant to section 736.1004, Florida Statutes (2017).”
Dale Echeverria v. Suzanne Trombino, Individually, etc. (Fla. 4th DCA 2024). “Trombino (individually and as trustee of two family trusts) if it found that the equities favored the imposition of fees under section 736.1004, Florida Statutes (2022).”
Conn v. Roach (Bankr. S.D. Florida 2022). “In addition, the state court granted fees and costs under Fla. Stat. § 736.1004 , which requires courts to provide fees and costs “[i]n all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee's powers.”
Maue-Kessler v. Maue (Bankr. W.D. Wash. 2019). “5th DCA 2019) (citing Fla. Stat. § 736.1004 ). Fla. Stat. § 736.”
Rosalyn Bronstein & Ella Bronstein v. Est. of Katherine S. Bronstein (Fla. 4th DCA 2021). “1005, Florida Statutes, which grant discretion to a probate court to assess attorney’s fees in “actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers” against a party’s interest in a trust if a party “unjustly caused an…”
Brown-Thill v. Brown-Thill, 543 S.W.3d 620 (2018). “10-1004, RSMo ; Fla. Stat. § 736.1004 (both permitting award of attorney fees from any party and allowing fees to be deducted from any party's interest in the trust).”
— 736.1004(1)(a) — 3 cases
Levine v. Stimmel, 272 So. 3d 847 (Fla. 5th DCA 2019). “Appellant, Scott Levine, appeals the supplemental final judgment, awarding Appellee, Bonnie Stimmel, attorney's fees and costs pursuant to section 736.1004, Florida Statutes (2017).”
Levine v. Stimmel, 272 So. 3d 847 (Fla. 5th DCA 2019). “Appellant, Scott Levine, appeals the supplemental final judgment, awarding Appellee, Bonnie Stimmel, attorney's fees and costs pursuant to section 736.1004, Florida Statutes (2017).”
Rosalyn Bronstein & Ella Bronstein v. Est. of Katherine S. Bronstein (Fla. 4th DCA 2021). “1005, Florida Statutes, which grant discretion to a probate court to assess attorney’s fees in “actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers” against a party’s interest in a trust if a party “unjustly caused an…”
— 736.1004(2) — 3 cases
Jacobson v. Sklaire, 92 So. 3d 228 (Fla. 3d DCA 2012). “See, now, Fla. Stat. § 736.1004 . . § 736.1004 Fla.”
Harrell v. Badger, 171 So. 3d 764 (Fla. 5th DCA 2015). “Section 736.1004, Florida Statutes (2008), requires a trial court to award attorneys’ fees and other costs “as in chancery actions.”
Weinman v. Warren (M.D. Fla. 2025). “The plaintiff subsequently filed a Motion for Entitlement to Attorney’s Fees under Fla. Stat. §736.1004 (Doc. 51). The defendant, who could have proceeded pro se in her individual capacity, did not file a response to the motion.”
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