Florida/Georgia Personal Injury & Workers Compensation

...t stayed within the four corners of the trust and found that Jervis was unable to support his argument that Meikle had the requisite testamentary capacity to amend her trust a second time. Jervis also moves for attorney’s fees pursuant to sections 736.1005, 736.1007, and 736.0816, Florida Statutes, and Florida Rule of Appellate Procedure 9.400. Of particular importance to this case, section 736.1005 provides that “[a]ny attorney who has rendered services to a trust may be awarded reasonable compensation from *130 the trust.” § 736.1005(1), Fla....

...er entered into pretrial stipulation which presented, among the “Statement of Issues for determination at trial,” the following issue: “Whether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida Statutes §§ 736.1005, 736.1006, and 736.1007.” Those sections provide as follows: • Section 736.1005(1) states, in pertinent part: “Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust.” • Section 736.1005(2) states, in pertinent part: “Whenever attorney’s fees are to be paid out of the trust, the court, in its discretion, may direct from what part of the trust the fees shall be paid.” • Section 736.1006(1) states: “In all tr...

...nt to the inher *353 ent authority of [the] Court and Florida Statute § 57.105.” The court also reviewed the pretrial stipulation and observed that the stipulation’s basis for requesting attorney’s fees and costs was pursuant to “[sections] 736.1005,1006, and 1007.” Based on its review, the court denied the trustee’s request for attorney’s fees....

...I don’t have inherent authority just to do it because I can just do it. Fees have to be based upon a contract or a statute, and 57.105 is definitely not applicable here. TRUSTEE’S COUNSEL: But the [pretrial stipulation’s reference to sections] 736.1005,1006, and 1007 do get— COURT: But you have to plead that though.......

...im for attorney’s fees by including in the pretrial stipulation that among the issues for determination at trial was the issue of “[w]hether any party is entitled to the recovery of *354 attorney’s fees and costs pursuant to Florida Statutes §§ 736.1005, 736.1006, and 736.1007.” The court subsequently entered -written orders denying the trustee’s motion for attorney’s fees and denying the trustee’s motion for rehearing....

...The estate entered into the pretrial stipulation which presented, among the “Statement of Issues for determination at trial,” the following issue: “Whether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida Statutes §§ 736.1005, 736.1006, and 736.1007.” (emphasis added)....

...Essenson posited that he should be awarded his fees under the "common fund" theory of recovery, a common law claim for attorney's fees found in equitable jurisprudence. As his third basis, Mr. Essenson argued that he was entitled to attorney's fees under section 736.1005(1), Florida Statutes (2015), which provides that "[a]ny attorney who has rendered services to a trust may be awarded reasonable compensation from the trust." -4-  On Ju...

...1976))). -9-  There is, however, one remaining basis Marshall asserted as a potential avenue for recovering his attorney's fees in seeking Mr. Soss's disqualification as the trustee of Leon's trust, section 736.1005 of the Florida Statutes. On this point, the circuit court's order stated only that there was "no statutory or contractual basis for attorney's fees." That is incorrect. Section 736.1005 states: "Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust." Since the probate court assumed jurisdiction over the trust and this underlying dispute concerning the trust's trustee, the statute was applicable here and could have provided a basis for Marshall to recover his attorney's fees. We express no opinion about whether such an award would be proper under section 736.1005....

...requires further consideration by the circuit court, we pause to address a notification issue concerning his motion, as there was disagreement below about this issue and some clarification may be beneficial to the circuit court and the parties on remand. Section 736.1005(1) includes the following somewhat awkwardly crafted sentence regarding notice: The attorney [who has rendered services to a trust] may apply to the court for an order awarding attorney fees and,...

...tisfy the constitutional requirement of due process"); see also Fla. R. Jud. Admin. 2.516(a). That is how we construe this provision. Reading this statute's sentence as a whole, in pari materia, we hold that an applicant for attorney's fees under section 736.1005 must serve an application for attorney's fees to the parties identified in the statute contemporaneously with the filing of the application with the court. Accordingly, we reverse the circuit court's order to the ext...

....” The trustee and the beneficiary’s estate1 later entered into pretrial stipulation which presented, among the “Statement of Issues for determination at trial,” the following issue: “Whether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida Statutes §§ 736.1005, 736.1006, and 736.1007.” Those sections provide as follows:  Section 736.1005(1) states, in pertinent part: “Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust.”  Section 736.1005(2) states, in pertinent part: “Whenever attorney’s fees are to be paid out of the trust, the court, in its discretion, may direct from what part of the trust the fees shall be paid.”  Se...

...pursuant to the inherent authority of [the] Court and Florida Statute § 57.105.” The court also reviewed the pretrial stipulation and observed that the stipulation’s basis for requesting attorney’s fees and costs was pursuant to “[sections] 736.1005, 1006, and 1007.” Based on its review, the court denied the trustee’s request for attorney’s fees....

...I don’t have inherent authority just to do it because I can just do it. Fees have to be based upon a contract or a statute, and 57.105 is definitely not applicable here. TRUSTEE’S COUNSEL: But the [pretrial stipulation’s reference to sections] 736.1005, 1006, and 1007 do get – COURT: But you have to plead that though....

...s claim for attorney’s fees by including in the pretrial stipulation that among the issues for determination at trial was the issue of “[w]hether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida Statutes §§ 736.1005, 736.1006, and 736.1007.” The court subsequently entered written orders denying the trustee’s motion for attorney’s fees and denying the trustee’s motion for rehearing. The court also entered a written order compelling the trus...

...The estate entered into the pretrial stipulation which presented, among the “Statement of Issues for determination at trial,” the following issue: “Whether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida Statutes §§ 736.1005, 736.1006, and 736.1007.” (emphasis added)....

...for Appellant and all other indispensable parties to meaningfully and timely participate. Appellant’s motion for an award of appellate attorney’s fees, which is based upon Florida Rules of Appellate Procedure 9.300(a) and 9.400(b), and section 736.1005, Florida Statutes (2022), is granted, and we remand that matter for the trial court to determine the amount of such reasonable fees. ORDER QUASHED, REVERSED, AND REMANDED. EVANDER and WALLIS, JJ., concur....

...They alleged Bruce’s accountings were inaccurate or incomplete. Additionally, the sisters alleged that certain expenses could not be verified. After a hearing on the various motions, the trial court denied relief. Bruce moved for attorney’s fees, both pursuant to the settlement agreement and pursuant to section 736.1005(1), Florida Statutes (2019), which authorizes the probate court to award fees to an attorney who has rendered services to the trust. Bruce requested that the fees be assessed against the sisters’ shares pursuant to section 736.1005(2)(a)....

...See Bronstein v. Bronstein, 227 So. 3d 589 (Fla. 4th DCA 2017) (unpublished table decision). 2  Bruce filed a motion for appellate attorney’s fees, requesting fees pursuant to the settlement agreement and pursuant to section 736.1005. This court denied the motion for attorney’s fees. Following the appeal, Bruce served the sisters with two more accountings of the trust for 2016 and 2017....

...l as well as the original appeal itself, it is apparent that the trial court did not award prevailing party fees pursuant to the settlement agreement in the case but awarded the fees to be assessed equally against each share of the trust pursuant to section 736.1005....

...Accountings after the agreement were expressly excluded from the terms of the settlement. To the extent that appellate attorney’s fees were sought pursuant to the settlement agreement, the affirmance necessarily required denial of the fees on appeal. Bruce also requested attorney’s fees on appeal pursuant to section 736.1005....

...I agree. 6  However, the majority overlooks the fact that the prior appeal also challenged the denial of the trustee’s alternative statutory claim for attorney’s fees pursuant to sections 736.1004 and 736.1005, 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 increase in the amount of attorney fees incurred by the trustee or another person in connection with the proceeding.” See §§ 736.1004(1)(a), (2) & 736.1005 (2)(b)7., Fla....

...Trustees are also allowed reimbursement for reasonable trust expenses. § 736.0709(1), Fla. Stat. (2021). Similarly, an attorney who provides “services to a trust may be awarded reasonable compensation from the trust” following an application for fees. § 736.1005(1), Fla....

...compensation payable from the estate assets without court order.” § 733.6171(1), Fla. Stat. (2022). Accord § 733.106(3), Fla. Stat. (2022) (“Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.”); § 736.1005(1), Fla....

...administering her mother’s living trust. We affirm the final judgment without discussion. We write, however, to address Appellee’s motion for appellate attorney’s fees.  Appellee’s motion seeks an award of appellate attorney’s fees pursuant to Section 736.1005, Florida Statutes. We agree with the Fourth District, however, that we do not have jurisdiction to award appellate attorney’s fees from a trust under Section 736.1005....