....”
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.”
Section
736.1006(1) states: “In all trust proceedings, costs may
be awarded as in chancery actions.”
Section
736.1006(2) states: “Whenever costs are to be paid out
of the trust, the court, in its discretion, may direct from what part
of the trust the costs shall be paid.”
Section
736.1007(5)(a) states, in pertinent par...
...ttorney’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 trustee to pay th...
...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)....
