Florida Statute 736.1004 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.1004

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

(b) In proceedings arising under ss. 736.0410-736.0417,

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.

History.—s. 10, ch. 2006-217.

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Amendments to 736.1004

Annotations, Discussions, Cases:

Cases Citing Statute 736.1004

Total Results: 5

Jacobson v. Sklaire

92 So. 3d 228, 2012 WL 1414447, 2012 Fla. App. LEXIS 6373

District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60310168

Cited 2 times | Published

2003-154, § 19. See, now, Fla. Stat. § 736.1004. . § 736.1004 Fla. Stat. (2011): (l)(a) In all actions

Harrell v. Badger

171 So. 3d 764, 2015 Fla. App. LEXIS 11183

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 60249832

Cited 1 times | Published

court subsequently entered an order under section 736.1004(2), Florida Statutes (2008), awarding $85

Dale Echeverria v. Suzanne Trombino, Individually, etc.

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68357969

Published

equities favored the imposition of fees under section 736.1004, Florida Statutes (2022). Once the case was

Levine v. Stimmel

272 So. 3d 847

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 64715406

Published

Stimmel, attorney's fees and costs pursuant to section 736.1004, Florida Statutes (2017). Appellant raises

Levine v. Stimmel

272 So. 3d 847

District Court of Appeal of Florida | Filed: May 17, 2019 | Docket: 64715407

Published

Stimmel, attorney's fees and costs pursuant to section 736.1004, Florida Statutes (2017). Appellant raises