CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 11183
...have been exhausted at some point in time.” Accordingly, the trial court terminated the Trust, retroactively approved the employment of Badger’s wife, and dismissed Appellants’ claims for damages. The court subsequently entered an order under section 736.1004(2), Florida Statutes (2008), awarding $85,005.50 in attorneys’ fees to Badger, based on the finding that Appellants “presented absolutely no evidence” in support of their claims....
...5 *770 The trial court abused its discretion by imposing attorneys’ fees against Appellants. We review a trial court order on a motion for attorneys’ fees in an action challenging the exercise of a trustee’s power for an abuse of discretion. Nalls v. Millender,
721 So.2d 426, 427-28 (Fla. 4th DCA 1998). Section
736.1004, Florida Statutes (2008), requires a trial court to award attorneys’ fees and other costs “as in chancery actions.” Under the chancery rule, a trial court may “apportion the costs between the parties, or require all costs be...
CopyPublished | Florida 5th District Court of Appeal
WALLIS, J. 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)....
...ctancy; (3) breach of fiduciary duty; (4) removal of trustee; (5) accounting; and (6) appointment of special fiduciary. The trial court entered final judgment in favor of Appellee. Thereafter, Appellee moved for attorney's fees and costs pursuant to section 736.1004(1)(a), Florida Statutes, arguing that she was entitled to fees because Appellant's claims revolved around her alleged breaches of fiduciary duty....
...In addition, Appellee moved separately for attorney's fees and costs pursuant to section
57.105, Florida Statutes, claiming that she was entitled to fees because Appellant chose to prosecute baseless claims. The trial court denied the section
57.105 motion for attorney's fees but granted the section
736.1004(1)(a) motion....
...section
57.105 motion. Ultimately, the trial court reduced Appellee's requested attorney's fee amount by approximately $ 20,000. However, the trial court's rationale in reducing the award is unclear. As the party seeking attorney's fees pursuant to section
736.1004, Appellee had the burden to demonstrate what portion of the attorneys' efforts were expended on claims for which section
736.1004 authorized attorney's fees....
...See *849 Van Diepen v. Brown ,
55 So.3d 612 , 614 (Fla. 5th DCA 2011) ("It is the party seeking attorney's fees on multiple claims who has an affirmative burden to demonstrate what portion of the effort was expended on the claim that authorized attorney's fees."). Section
736.1004 authorizes the award of attorney's fees for actions arising under Florida's Trust Code and "[i]n all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee's powers. ..." Because section
736.1004 does not expressly authorize recovery of attorney's fees for time spent litigating an alternative and unsuccessful ground for fees, Appellee may not recover the hours for the time spent litigating the entitlement to fees for the unsuccessful section
57.105 motion....
CopyPublished | Florida 5th District Court of Appeal
WALLIS, J. 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)....
...ctancy; (3) breach of fiduciary duty; (4) removal of trustee; (5) accounting; and (6) appointment of special fiduciary. The trial court entered final judgment in favor of Appellee. Thereafter, Appellee moved for attorney's fees and costs pursuant to section 736.1004(1)(a), Florida Statutes, arguing that she was entitled to fees because Appellant's claims revolved around her alleged breaches of fiduciary duty....
...In addition, Appellee moved separately for attorney's fees and costs pursuant to section
57.105, Florida Statutes, claiming that she was entitled to fees because Appellant chose to prosecute baseless claims. The trial court denied the section
57.105 motion for attorney's fees but granted the section
736.1004(1)(a) motion....
...section
57.105 motion. Ultimately, the trial court reduced Appellee's requested attorney's fee amount by approximately $ 20,000. However, the trial court's rationale in reducing the award is unclear. As the party seeking attorney's fees pursuant to section
736.1004, Appellee had the burden to demonstrate what portion of the attorneys' efforts were expended on claims for which section
736.1004 authorized attorney's fees....
...See *849 Van Diepen v. Brown ,
55 So.3d 612 , 614 (Fla. 5th DCA 2011) ("It is the party seeking attorney's fees on multiple claims who has an affirmative burden to demonstrate what portion of the effort was expended on the claim that authorized attorney's fees."). Section
736.1004 authorizes the award of attorney's fees for actions arising under Florida's Trust Code and "[i]n all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee's powers. ..." Because section
736.1004 does not expressly authorize recovery of attorney's fees for time spent litigating an alternative and unsuccessful ground for fees, Appellee may not recover the hours for the time spent litigating the entitlement to fees for the unsuccessful section
57.105 motion....
