Florida/Georgia Personal Injury & Workers Compensation

...e Florida Guardianship Law or the Florida Probate Rules entitle the person to notice of the proceeding or authorize the person to file an objection in the proceeding. Applying this holding to guardianship proceedings concerning attorney's fees under section 744.108, Florida Statutes (2006), we conclude that, in addition to the attorney making the fee request, only the guardian, the ward, and those "interested persons" who have requested notice under Florida Probate Rule 5.060 have standing to participate in the proceedings....

...circuit court belonged to any of the petitioners individually. There were also several hearings involving the petitioners' violation of court orders. During the guardianship, Thompson's counsel filed several petitions for attorney's fees pursuant to section 744.108....

...3d DCA 1990), and certified conflict with the Fourth District's decision in Bachinger. The Third District did not decide whether the fee award was proper. ANALYSIS Chapter 744, Florida Statutes, the Florida Guardianship Law, governs guardianship proceedings in this state. Section 744.108, which concerns guardian's and attorney's fees and expenses, states that "[a] guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward." § 744.108(1), Fla. Stat. The statute further provides that a "petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated." § 744.108(6), Fla....

...Case Law Addressing Standing in Guardianship Proceedings In McGinnis, the issue was whether relatives of a deceased ward had standing as heirs of the ward's estate to challenge awards of guardian's fees that had previously been approved by the court under section 744.108 on the ground that the fees were excessive....

...See 564 So.2d at 1142. The Third District held that "guardianship fees, properly authorized by the probate court, may not be set aside after the ward's death merely because his heirs consider that the awards were too high." Id. McGinnis construed a version of section 744.108 that provided: A guardian of the person or of the property shall receive a reasonable fee for his services to be fixed by the court after such notice as the court shall require. Id. at 1143 n. 7 (quoting § 744.108, Fla....

...), id. at 1143-44, which provided for objections to annual financial returns by "a person interested as creditor, or otherwise." Id. at 1144 (quoting rule 5.700(a) (1977)). [6] Because the heirs of the ward's estate were not entitled to notice under section 744.108 and were not authorized to file objections under section 744.424 or rule 5.700(a), the Third District ruled in McGinnis that the heirs lacked standing to challenge the previously awarded guardian's fees....

...Thus, we hold that if the person is entitled to notice or is authorized to file an objection under the Florida Guardianship Law or the Florida Probate Rules, that person has standing to participate in the guardianship proceeding. III. Whether Heirs to a Ward's Estate Have Standing in a Proceeding Under Section 744.108, Florida Statutes (2006) We must next determine whether, under the analysis set out above, heirs of a ward's estate have standing in a proceeding under section 744.108 to challenge a petition for guardian's or attorney's fees. Section 744.108(6) states that a "petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated." Unlike rule 5.700(a), which addresses objections to gua...

...s and allows "interested persons" to file an objection to any part of a guardianship report, there is no specific guardianship rule that provides for notice of, or objections to, petitions for guardian's or attorney's fees beyond what is provided in section 744.108. However, rule 5.060, which applies to all guardianship and probate proceedings in this state, [10] including proceedings under section 744.108, provides: (a) Request....

...nd papers as long as the party is an interested person. (Emphasis supplied.) Thus, under rule 5.060, an "interested person" who files a request is entitled to notice of further proceedings and copies of all subsequent pleadings in the case. Although section 744.108 does not specifically require that an "interested person" receive notice, a person is nonetheless entitled to notice pursuant to rule 5.060 as long as the requirements of the rule have been satisfied and the trial court agrees that th...

...were interested persons for the purpose of filing objections to guardian's petition for final discharge). IV. This Case In this case, the Third District determined that the petitioners lacked standing to object to the award of attorney's fees under section 744.108 based on McGinnis....

...The fact that they may have received a courtesy copy of some of the prior petitions does not in itself confer standing on them to participate in the subsequent proceeding. Because the petitioners were not entitled to receive notice of the attorney's fees proceeding under either section 744.108 or rule 5.060, they did not have standing to participate in that proceeding....

...objection in the proceeding. If the person is entitled to notice or is authorized to file an objection, that person has standing to participate in the guardianship proceeding. We hold that in guardianship proceedings concerning attorney's fees under section 744.108, the only persons entitled to standing are the attorney making the fee request, the guardian, the ward, and those "interested persons" who have filed written requests for notice under Florida Probate Rule 5.060. We disapprove the reasoning in Hayes based on its complete reliance on McGinnis and disapprove McGinnis to the extent that it suggests that heirs of a ward can never have standing to participate in proceedings for fees under section 744.108....

...744.107(2), Fla. Stat. (2006). [4] Apparently, the issue of an accounting was not finally resolved at the time of the subject order regarding attorney's fees. [5] Counsel for Thompson's guardian also filed a petition for attorney's fees pursuant to section 744.108, which was considered in the same hearing....

...ous one. Were it not for our ability to make that comparison, we could not ascertain whether this order was supported by logic and justification for the result, because it contained no findings to indicate the circuit court's reasoning. We note that section 744.108, Florida Statutes (1997), which governs fee allowances for guardians' and attorneys' services in guardianships, does not require the court to make findings of fact in support of guardian fee awards....

...e insufficient); Goral v. State, 553 So.2d 1282 (Fla. 3d DCA 1989) (two working days notice of contempt hearing insufficient to afford defendant reasonable time to prepare defense). Appellants contend additionally that appellee failed to comply with section 744.108(5), Florida Statutes (1995)....

...ion voluminous documentation of fees and costs when the information has already been provided in the annual accounting. *309 We find that appellee's petition and Exhibit A attached thereto are insufficient to comply with the mandatory requirement of section 744.108(5)....

...e 39 C.J.S. "Guardian and Ward" § 98. [13] 39 C.J.S. "Guardian and Ward" §§ 99 and 100. See In re Nusbaum's Guardianship, 152 Fla. 31, 10 So.2d 661 (1942). [14] See Fitts v. The Guardianship Estates of Campbell, 466 So.2d 431 (Fla. 5th DCA 1985); § 744.108(3), Fla....

...any such objections that will be conclusive and binding upon the parties.... [6] The presence of any such factor would presumably permit the court to set aside a previous order under Fla.R.Civ.P. 1.540. See FPR 5.025(d)(2). But none exists here. [7] Section 744.108, Florida Statutes (1981) provided: A guardian of the person or of the property shall receive a reasonable fee for his services to be fixed by the court after such notice as the court shall require....

...estion of those cognizably interested in the guardianship estate — which excludes, among others, those who might take by gift or inheritance from the ward — continues to be reflected even in the new and far broader guardianship law. It provides in section 744.108(5), Florida Statutes (1989): (5) A petition for fees or expenses may not be approved without prior notice to the ward, guardian, and attorney....

...S.L. Page Corp., 755 So.2d 787, 790 (Fla. 2d DCA 2000)). Analysis An attorney who has rendered services to the ward or to the guardian on the ward's behalf is entitled to a reasonable fee for services rendered and reimbursement on behalf of the ward. § 744.108(1), Fla....

...stification for the result and founded on substantial, competent evidence. Valentini v. State (In re Guardianship of Sitter), 779 So.2d 346, 348 (Fla. 2d DCA 2000). The Applicable Law A guardian is entitled to a reasonable fee for services rendered. § 744.108(1); Lucom v....

...1957); Schacter v. Guardianship of Schacter, 756 So.2d 1075, 1076 (Fla. 4th DCA 2000); Ash v. Coconut Grove Bank, 448 So.2d 605, 607-08 (Fla. 3d DCA 1984). The criteria to be considered by the court in determining an award of fees to a guardian are set forth in section 744.108(2). Pursuant to section 744.108(5), a petition for guardian's fees and expenses "must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered." The requirement of section 744.108(5) is mandatory....

...In addition, O'Hare and Atherton observe that persons appointed to serve as guardian for a family member "rarely" seek compensation for their services. An arrangement for a guardian to serve without compensation is inconsistent with our guardianship law. See § 744.108(1); Lucom, 97 So.2d at 481; Schacter, 756 So.2d at 1076; Ash, 448 So.2d at 607-08....

...on. Hamric's records were nothing more than mileage logs doubling as time records and containing uninformative entries such as "nursing home," "Health Park," and "mother." Such cryptic entries were completely inadequate to satisfy the requirement of section 744.108(5) that the guardian's petition for fees and expenses "must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered." In response, Hamric does not dispute the inadequacy of her time records....

...She argues instead that her testimony at the contested hearing provided the necessary supplemental information detailing her services that cured any deficiency in her petition. We conclude that the insufficiency of Hamric's petition for fees and expenses could not be cured by supplemental information presented at a hearing. Section 744.108(5) provides that the guardian's petition for fees and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered....

...The production of the requisite information at a hearing is not an acceptable substitute for the inclusion in the fee petition of the itemized description of the services performed as required by the statute. See Anderson, 679 So.2d at 308-09. [1] The strict enforcement of the mandate of section 744.108(5) will promote the efficient and inexpensive administration of guardianship estates....

...ided in order to obtain the necessary information. This would result in the inefficient use of scarce judicial resources and increased expense to everyone concerned, including the estates of the wards. Because Hamric's petition failed to comply with section 744.108(5), the trial court's order awarding her guardian's fees and costs must be reversed....

...costs. The circuit court's order awarding such additional fees and costs to him is reversed. In case number 2D03-1404, we hold that the circuit court erred in awarding guardian's fees and costs to Hamric based on a petition that did not comply with section 744.108(5) and in compensating Hamric for services outside the scope of her duties as guardian....

...cerning the services and costs for which compensation is requested. On the contrary, such evidence will frequently be both necessary and appropriate. However, the presentation of such explanatory evidence at a hearing does not satisfy the mandate of section 744.108(5)....

...or her own risk. Therefore, we reverse the trial court's order ruling Essenson was not entitled to attorney's fees and costs and remand for the trial court to determine the amount of fees and costs Essenson should be awarded based on the factors in section 744.108, Florida Statute (2003)....

...The mere fact that both a partner and an associate appeared at a particular proceeding does not necessarily mean that their work was duplicative. Although the trial court utilized the correct legal standard in concluding that the legal services must be beneficial to the ward to be compensable, see § 744.108, Fla....

...n of a guardian. We disagree. An attorney who has rendered services to the ward or to the guardian on the ward's behalf is entitled to receive a reasonable fee for such services, as well as reimbursement for costs incurred on behalf of the ward. See § 744.108(1), Fla....

...Specifically, the trial court found that due to the unique facts and circumstances of the case, Butler was unqualified to serve as Peacock's guardian and that the evidence presented at the hearing indicated that Wood was doing an excellent job overseeing Peacock's affairs. Under section 744.108, in order to be entitled to receive attorney fees' the attorney services must benefit the ward....

...uby, the guardian and his attorneys. Gamse having failed to present any expert testimony as to what reasonable fees would be, we find no abuse of discretion. Affirmed. NOTES [1] Placed in trust for her children and/or grand-children. [2] Pursuant to Section 744.108, Florida Statutes (1977).

...Pursuant to such a proceeding, a guardian may initiate a dissolution action on behalf of the ward against a competent spouse. See §§ 744.3215(4)(c) & 744.3725, Fla. Stat. (1997). See also Vaughan v. Guardianship of Vaughan, 648 So.2d 193 (Fla. 5th DCA 1994). Section 744.108 authorizes an award of attorney's fees against the incompetent spouse....

...e to time.” § 744.397(1), Fla. Stat. (2012). For the performance of these duties, the guardian and the guardian’s attorneys are “entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” § 744.108(1), Fla. Stat. (2012). Such fees are “determined by the court and paid from the assets of the guardianship estate,” § 744.108(8), Fla....

...ontain statements, to the best of petitioner’s knowledge and belief, showing,” inter alia, "the nature and value of property subject to the guardianship.” . See § 744.102(17), Fla. Stat. (2012) (defining "professional guardian”); see also §§ 744.1083, 744.1085, Fla....

...Such expenses included the unpaid fees of the Guardian, his attorneys, and other professionals hired by the Guardian for the services they performed for the benefit and protection of the Ward during his lifetime. . We note that in setting a "reasonable fee” under section 744.108(1), Florida Statutes (2012), the guardianship court’s broad equitable powers include the ability to take into consideration the extent to which proposed fees deplete the guardianship estate. Thus, section 744.108(2)(e) requires a court to consider, among other things, the "nature and value of the incapacitated person's property [and] the amount of income earned by the estate”; section 744.108(2)(g) makes the "time limits imposed by the circumstances” another relevant factor for consideration....

...the guardian of a person, appointed pursuant to Chapter 744, Florida Statutes (1995). The ward died on April 4, 1996. We affirm that portion of the trial court's order finding that the majority of the services Klein performed were recoverable under section 744.108, Florida Statutes (1995). Since part of the award was based on time Klein spent after April 4 to collect his fees from the estate, the remaining issue is whether section 744.108(1) allows an attorney to recover a fee for time spent in collecting a fee....

...Florida follows the "American Rule" that "attorney's fees may be awarded by a court only when authorized by statute or by agreement of the parties." State Farm Fire & Cas. Co. v. Palma, 629 So.2d 830, 832 (Fla.1993). The authorizing statute in this case, section 744.108(1), provides: A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward....

...3d DCA 1995)(reversing that portion of an award representing "attorney's time spent litigating amount of fees because there is no statutory basis for the same" under section 57.105(1), Florida Statutes (1993)), review dismissed, 668 So.2d 603 (Fla.), and 670 So.2d 937 (Fla.1996). Without such a broad public purpose, section 744.108(1) more narrowly circumscribes the scope of recoverable attorney's fees to those incurred for "services rendered ......

...e spent collecting his fee." Id. at 336. Platt is instructive, since the statutory language allowing "reasonable compensation" could have been read to cover time spent in obtaining a fee award. Such fee authorization language is broader than that of section 744.108(1) which ties a recoverable fee to services rendered "on behalf of the ward." The probate fee statute is akin to the guardianship fee statute. Both involve the setting of an attorney's compensation for a special type of legal proceeding. Platt's construction of so similar a statute compels the conclusion that section 744.108(1) does not allow recovery of attorney's fees incurred in obtaining an award of attorney's fees....

...the court and paid from the assets of the estate unless the court finds the request for attorney's fees to be substantially unreasonable. The court shall direct from which part of the estate they shall be paid. There has been no similar amendment to section 744.108.

...The probate court subsequently entered an order denying Lutheran Services' objections to the reductions in the claimed fees and denying its request for an injunction. Lutheran Services now appeals as to both issues. Addressing first the issue of the guardian's fees, we note that section 744.108(1), Florida Statutes (2005), provides that a guardian is entitled to a reasonable fee for services rendered to the ward....

...when determining whether the fee requested by the guardian is reasonable, including the time and labor involved, the skill required to perform the services, and the experience and abilities of the person performing the services, among other factors. § 744.108(2)....

...ce the claimed amounts in light of the court's experience and common sense. Based on our review of the probate court's questions and Van Wart's responses, or lack thereof, we cannot say that the probate court failed to consider the factors listed in section 744.108(2) or that it abused its discretion in reducing Lutheran Service's fees for disputed tasks not substantiated by Van Wart's testimony at the hearing....

...s represented by able counsel of her own choosing) and guardian, when the ward had not only never been adjudicated incompetent but had very recently been adjudged competent, was beyond the scope of her authority. A guardian's fee must be reasonable, § 744.108, and legal services, in order to be compensated for, must have been rendered "to the ward, or to the guardian in the ward's behalf." § 744.424; Lucom v....

...e court in past years; moreover, no reason otherwise appears in the record which would justify these two conclusions. See Lucom v. Atlantic Nat'l Bank, 97 So.2d 478, 481 (Fla. 1957); In re Guardianship of Berg, 348 So.2d 361, 362 (Fla. 2d DCA 1977); § 744.108, Fla....

...Thus, case law discussing the principles of “surcharge” in the guardianship context are useful in analyzing the principles of “surcharge” in the probate context. We also note that Chapter 744 governing guardianship proceedings has similar provisions for review of fees as found in section 733.6175. See § 744.108, Fla....

...4th DCA 2004). Generally speaking, a guardian is entitled to a reasonable fee for services rendered. Lucom v. Atl. Nat'l Bank of W. Palm Beach, 97 So.2d 478, 480 (Fla.1957); Schacter v. Guardianship of Schacter, 756 So.2d 1075, 1076 (Fla. 4th DCA 2000) (citing section 744.108(1), Florida Statutes *692 (1999), which has remained unchanged at all times relevant to this case)....

...2D10-3402, Michael Love-Zwayer and Joan Duffee, who successfully petitioned for the creation of a guardianship for the Ward, appeal the circuit court’s order denying their attorneys any fees or reimbursement of costs. Because both Ms. Thorpe and the petitioners’ attorneys are entitled to reasonable compensation under section 744.108, Florida Statutes (2009), the circuit court erred in *340 failing to make appropriate awards to them....

...3d DCA 1980) (guardian’s fees and attorney’s fees). However, in this case, the circuit court did not award any fees at all to Ms. Thorpe or to the attorneys for Michael and Joan. The circuit court’s decision to deny them any fees was based both on its interpretation of section 744.108 and its findings that their services did not benefit the Ward....

...Two reasons support our conclusion. First, the circuit court’s ruling is based on a misreading of the applicable statute. Second, the undisputed evidence presented at the hearing does not support the circuit court’s findings of fact. 1. The Statute Section 744.108, the applicable statute, provides, in pertinent part, as follows: (1) A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward. Section 744.108(2) continues by listing nine factors that the circuit court must consider when a petition for guardian’s fees or attorney’s fees is submitted for determination....

...Third, on occasion, usually when a family member is appointed, a guardian may agree to serve without compensation. Here, there is no exception to the statutory requirement that guardians be compensated for their services. In order for an attorney to be awarded fees from the ward’s estate under section 744.108(1), the attorney’s services must benefit the ward or the ward’s estate. See Butler, 898 So.2d at 1141 . The clause in section 744.108(1) requiring the demonstration of the beneficial nature of the services rendered applies to attorneys, not guardians....

...The statutory scheme presumes that the services of guardians provide a benefit. To *344 the extent that the services of a guardian are unnecessary or unproductive, the circuit court may reduce the requested compensation based on the factors listed in section 744.108(2) but may not deny compensation altogether....

...on behalf of the Ward but were on behalf of the petitioners and other family members.” We conclude that the circuit court erred in failing to award the attorneys for Michael and Joan at least a portion of their fees and costs. B. Discussion Under section 744.108(1), “an attorney is entitled to receive a reasonable attorney’s fee for professional services rendered and reimbursement of costs incurred for the benefit of the ward; payment of reasonable compensation is mandatory.” Price v....

...Klatthaar’s estate, challenges the circuit court’s amended orders awarding fees and costs. Ms. Yazdzik argues that the circuit court erred in awarding fees and costs and directing said fees and costs to be paid from the estate of Ms. Klatthaar because a guardianship was never established. Because sections 744.108 and 744.331 do not contemplate the pay *484 ment of fees and costs from an alleged incapacitated person where a guardianship is not established, we agree and reverse. As this issue is dispositive, we withhold comment on the other issues raised by Ms. Yazdzik on appeal. I. Discussion Ms. Yazdzik argues that the circuit court committed legal error in its interpretation and application of sections 744.108 and 744.331 when it imposed liability for the payment of attorneys’ fees and costs and examining committee’s fees on the estate of Ms....

...See § 744.331(7)(c) (addressing the responsibility of fee payments in situations where a petition is dismissed without further clarification as to the nature of the dismissal). As such, the attorneys and the examining committee are not entitled to fees and costs under section 744.331(7). B. Section 744.108, Guardian’s and Attorney’s Fees and Expenses We next turn our attention to section 744.108. Section 744.108(1) entitles “[a] guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, ... to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” Based upon a strict reading of the statute, see Rothman, 93 So.3d at 1054 , an attorney is only entitled to fees under section 744.108 in situations where a guardian has been appointed to a ward, see generally Severson, 985 So.2d at 640 (noting that section 744.331(7) is “the procedural statute for determining incapacity”). Again, since a guardianship was never established and a guardian was thus not appointed, section 744.108 is not triggered in this case....

...Cosio, 753 So.2d 134, 136 (Fla. 2d DCA 2000) (“[A]ttorney’s fees and costs are not available absent statutory or contractual authorization.”). We find further support for the contention that such fee awards are not permitted in the language of section 744.108 itself. Namely, in various subsections of section 744.108, the term “incapacitated person” is used; not once is the term “alleged incapacitated person” referenced. *486 See, e.g., § 744.108(2)(e), (h). Additionally, section 744.108(6) provides that “[a] petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated.” The attorneys clearly could not provide notice as required because there was never a ward or a guardian. Further, the one underlying consistency in the case law pertaining to fee awards under section 744.108 is that the alleged incapacitated person was adjudicated as such, thus becoming a ward, and a guardian was appointed to the ward....

...This is especially true in an involuntary guardianship proceeding, in which the ward usually does not consent to the hiring of attorneys for any purpose. King, 862 So.2d at 875 . It is apparent that for reimbursement of fees even to be contemplated under section 744.108, a guardianship must ultimately be established. II. Conclusion In sum, section 744.108 clearly applies only to circumstances where a guardianship has been established....

...Barreto & Associates, P.A., appeal the trial court’s order denying their motion for entitlement to attorney’s fees and costs in an underlying guardianship proceeding. We reverse the trial court’s order, which denied entitlement to attorney’s fees under section 744.108(1), Florida Statutes (2016)....

...2d DCA 2011); Butler v. G’ship of Peacock, 898 So. 2d 1139 (Fla. 5th DCA 2005); Price v. Austin, 43 So. 3d 789 (Fla. 1st DCA 2010). See also Zepeda v. Klein, 698 So. 2d 329 (Fla. 4th DCA 1997). This court has adopted our sister courts’ construction of section 744.108(1)....

...law. The trial court’s order appears to have conflated the separate determinations of entitlement to attorney’s fees with the reasonable amount of fees to be awarded. The court’s determination of amount and reasonableness is guided by section 744.108(2), Fla....

...4  LUCK, J., concurring specially: I concur in the majority opinion because our court in Losh v. McKinley, 106 So. 3d 1014 (Fla. 3d DCA 2013) joined the other district courts in welding onto the guardianship attorney’s fee statute, section 744.108(1), the requirement that an attorney’s services “benefit” the ward for the attorney to be entitled to fees. We are bound to follow Losh until the en banc court or the Florida Supreme Court overrules it, even though the word “benefit” is found nowhere in section 744.108(1) (“A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.”)....

...d is treated because they will not get paid, and thus, fewer claims by family members and interested parties will be brought to court. The result is less oversight of the most vulnerable members of our community. Adding the benefit requirement to section 744.108(1) discourages attorneys from bringing guardianship claims that would otherwise be brought. The legislature knows how to write attorney’s fee statutes that require the lawsuit to end successfully....

...any, may receive his or her reasonable attorney’s fees and costs from the nonprevailing party.”); id. § 448.08 (“The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.”). But section 744.108(1) was not written as a prevailing party attorney’s fee statute. King v. Ferguson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A., 862 So. 2d 873, 874 (Fla. 2d DCA 2003) (Villanti, J., concurring specially) (“Nothing in either section 744.108(1) or 744.108(2) entitles a party to an award of attorney’s fees from the ward’s estate simply because that party’s position prevailed in the trial court.”)....

...contrary to the legislature’s decision to expand the scope of those entitled to attorney’s fees to those who render services to the ward, and not just to successful parties, as it has done in countless other statutes. The structure of section 744.108 also shows the legislature’s intent that the benefit resulting from the litigation is not to be considered when determining whether the attorney is entitled to fees....

...court to consider the “novelty,” “difficulty,” and “skill required” in rendering services to the ward; the “result obtained”; the “diligence” and “ability” of the attorney rendering services; and the ward’s property. Id. § 744.108(2)....

...These factors, unlike in subsection (1), go to the benefit received by the ward from the attorney’s services. The trial court is authorized to reduce the fee award to account for the fact that little-to-no benefit resulted from the services rendered. More importantly, what the structure of section 744.108 tells us is that the legislature knew how to account for the benefit to the ward, and did so in subsection (2) when considering the amount of the fees. The legislature deliberately left the benefit factors out of subsection (1). Losh and the other cases flip the analysis and consider the benefit factors at the entitlement stage. By reading section 744.108(1) to require a benefit to the ward, we make it harder for family members and interested parties to bring claims on behalf of their loved ones, undercompensate attorneys who render services to a ward (although don’t ultimately pr...

...e entitlement decision and then again when considering the amount to award. This is not what the legislature wrote and it is not what it intended. 10  In this case, adding a benefit requirement to section 744.108(1) does not affect the result because, as the majority opinion notes, the daughter’s petitions were successful. The attorney prevailed. But in the appropriate case, where the added language does make a difference in whether the attorney is entitled to fees, I think we should recede from Losh and read section 744.108 as the legislature wrote it. 11 

...ppellants lack standing to challenge the order. See Hayes v. Guardianship of Thompson, 952 So.2d 498 (Fla.2006) (holding that family members of the ward do not have standing to participate in guardianship proceedings concerning attorney's fees under section 744.108, Florida Statutes (2009), unless they have filed a written Request for Notice under Florida Probate Rule 5.060)....

...2000). 3 that $24,030 was a reasonable amount of attorney’s fees for the legal services rendered. The trial court denied Jaffe’s request to enforce a settlement, finding no agreement had been reached. The court then applied the criteria set forth in section 744.108(2)(a)-(i), Florida Statutes (2013), and determined a reasonable attorney’s fee would be ninety hours at a rate of $300 per hour....

...testified as to the reasonableness of her fees, but her own sworn testimony2 regarding the hours and costs expended in the guardianship case. 6  When proceedings are instituted to review or determine attorney’s fees under section 744.108(2), “such proceedings are part of the guardianship administration process, and the costs . . . shall be determined by the court and paid from the assets of the guardianship estate unless the court finds the requested compensation under subsection (2) to be substantially unreasonable.” § 744.108(8), Fla....

...The trial court’s order does not explicitly state that reducing the originally sought amount to $16,700 was a result of any determination that the fees sought were unreasonable, as Jaffe contends. Accordingly, it would not “defeat the statutory purposes” of section 744.108 to award Carr the fees and costs for Levy and Zamora....

...as to why the court would reduce the guardian's fee from the previously approved rate of $25 per hour to a rate of $5 per hour [2] , a mere 20 percent of the previously approved rate. A guardian is entitled to a reasonable fee for services rendered. § 744.108(1), Fla....

...Guardianship of Knox, 751 So.2d 763 (Fla. 3d DCA 2000). We hold that it was an abuse of discretion for the trial court to arbitrarily reduce the guardian's hourly rate to $5 per hour. Upon remand *1077 the court shall reconsider the petition, applying the criteria set forth in section 744.108(2), Fla....

...The trial court also erred by not awarding any guardianship fees to Sharon Neher who claimed that she spent more than 2000 hours performing services for the ward. Even the attorney for the interim plenary *1297 guardian agreed that some fees were due. Section 744.108(2), Florida Statutes (1993), sets forth the criteria to be considered in establishing guardian's fees....

...Merkle could not recover fees for performing administrative tasks involved in litigating for fees. The trial court declined to address whether the second petition sought a reasonable fee award. We express no view on that issue. We hold, however, that section 744.108(8), Florida Statutes (2010), first adopted in 2003, supersedes Zepeda and authorizes such fees that are not substantially unreasonable: When court proceedings are instituted to review or determine a guardian’s or an attorney’s fee...

...requested compensation under subsection (2) to be substantially unreasonable. The trial court erred in relying on Zepe-da to deny Mr. Merkle’s second petition for attorney’s fees. We reverse and remand for further proceedings in accordance with section 744.108. Reversed and remanded. SILBERMAN, C.J., and MORRIS, J., Concur. 1. § 744.108(2)(a)-(i) provides the criteria the trial court shall consider when determining fees for a guardian or an attorney.

...Merkle could not recover fees for performing administrative tasks involved in litigating for fees. The trial court declined to address whether the second petition sought a reasonable fee award. We express no view on that issue. We hold, however, that section 744.108(8), Florida Statutes (2010), first adopted in 2003, supersedes Zepeda and authorizes such fees that are not substantially unreasonable: When court proceedings are instituted to review or determine a guardian's or an attorney's fees un...

...s the requested compensation under subsection (2) to be substantially unreasonable. The trial court erred in relying on Zepeda to deny Mr. Merkle's second petition for attorney's fees. We reverse and remand for further proceedings in accordance with section 744.108. Reversed and remanded. SILBERMAN, C.J., and MORRIS, J., Concur. NOTES [1] § 744.108(2)(a)-(i) provides the criteria the trial court shall consider when determining fees for a guardian or an attorney.

...Committee notes revised. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 731.201(21)(23), Fla. Stat. General definitions. § 733.106, Fla. Stat. Costs and attorney's fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla....

...3d DCA 2012), reversing an order granting *1015 Carlin McKinley’s Petition to Determine Incapacity of her mother, Frances L. Losh, we now, in turn, reverse the companion order rendered April 20, 2012, granting McKinley’s “Petition for Order Authorizing Payment of Attorney’s Fee and Expenses.” See § 744.108(1), (2), Fla....

...with this dispute. Under Florida law, an attorney is entitled to receive a reasonable attorney's fee for professional services rendered and reimbursement of costs incurred for the benefit of the ward; payment of reasonable compensation is mandatory. § 744.108(1), Fla....

...(2008) ("[A]n attorney who has rendered services to the ward . . . is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward."); In re Guardianship of Shell, 978 So.2d 885, 890 (Fla. 2d DCA 2008) (Under section 744.108, the circuit court was not "at liberty to award anything more or less than fair and reasonable compensation for the services rendered or monies expended in each individual case." (quoting Lewis v. Gramil Corp., 94 So.2d 174, 176 (Fla.1957)); Butler v. Guardianship of Peacock, 898 So.2d 1139, 1141 (Fla. 5th DCA 2005) ("Under section 744.108, in order to be entitled to receive attorneys' fees, the attorney services must benefit the ward.")....

...overned a motion for attorney's fees filed pursuant to section 733.106(2) and affirmed a denial of a claim for attorney's fees as untimely under the rule. Although Hays involved a different fee statute than the case before us, section 733.106(2) and section 744.108, applicable here, are similar....

...al court's order denying fees is AFFIRMED. DAVIS and ROWE, JJ., concur. NOTES [1] Section 733.106 provides for an award of fees when a person in good faith offers a will for probate and when an attorney renders services to the estate. § 733.106(3). Section 744.108(1) provides for fees to "a guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf."

fee for services rendered.” § 744.108(1), Fla. Stat. (2010). Section 744.108(2)(a)-(i) sets forth the criteria

Statutes, which governs guardianship proceedings, section 744.108, which governs guardian’s and attorney’s fees

...§ 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 744.108, Fla....

...733.212, Fla.Stat. Notice of administration; filing of objections and claims. 733.6175, Fla.Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. F.S. 744,424 Attorney’s fees and expenses,§ 744.108, Fla.Stat....

...Editorial change in (b). Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 733.106, Fla.Stat. Costs and attorney fees, § 744.105, Fla.Stat. Costs. § 744.108, FIa.Stat....

...Joyce, for appellee. Before FERNANDEZ, C.J., and LINDSEY, and BOKOR, JJ. PER CURIAM.  Appellant Macy Katherine Betzold Wheelock appeals the circuit court’s order granting attorney’s fees in favor of Appellee the Guardianship Estate under section 744.108, Florida Statutes (2021). Wheelock challenges the court’s order on two grounds....

...ableness of the amount awarded. We affirm without further discussion on the issue of entitlement, but reverse and remand the amount of fees awarded. To determine the reasonableness of the amount, the court must be guided by section 744.108(2)....

duty to protect the interests of the ward. See § 744.108, Fla. Stat. (1999); McGinnis v. Kanevsky, 564

...Thereafter, Berg and Associates, P.A. (Berg), legal counsel for the appellant as the emergency temporary guardian, filed a petition for attorneys’ fees and costs. The petition listed Berg as the sole petitioner and sought fees and costs pursuant to section 744.108(1), Florida Statutes (2003)....

...Upon remand, the trial court is instructed to delete all surcharge provisions and all provisions indicating that the appellant was the petitioner for fees and costs or a party to the proceedings on the petition. REVERSED and REMANDED with instructions. DAVIS, BROWNING and LEWIS, JJ, concur. . Section 744.108(1) provides that ''[a] guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the...

...disturbed unless there is a lack of competent, substantial evidence to support the award." In re Guardianship of Sapp, 868 So. 2d 687, 693 (Fla. 2d DCA 2004). A -3- guardian is entitled to a reasonable fee for services rendered. § 744.108(1), Fla....

...White for the work that the court appointed her to do and that she is required by law to do. See Thorpe v. Myers, 67 So. 3d 338, 343-44 (Fla. 2d DCA 2011) ("To the extent that the services of a guardian are unnecessary or unproductive, the circuit court may reduce the requested compensation based on the factors listed in section 744.108(2) but may not deny compensation altogether."). IV....

...reimbursed for the additional expenses that she incurs on Mr. Lubin's behalf. We think that the circuit court should take all of the factors surrounding Ms. White's service into account when it reconsiders her petition for compensation on remand. See § 744.108(2). Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. DAVIS, C.J., and SLEET, J....

guardianship case.' The issue presented is whether section 744.108(1), Florida Statutes (2013), authorizes an

...Therefore, there was nothing to account for. In sum, the record does not support the conclusion that any of these services except for the initial institution of the guardianship proceedings were performed under authority of the court order. Although section 744.108, Florida Statutes (1992) entitles the attorney and guardian to a reasonable fee, such a fee would not include fees for services that ap-pellee was enjoined from providing....

...It is significant to note that O’Neil, simultaneous with answering the complaint, transferred the stock back to the trust, thereby reversing his improvident act and preventing the trust corpus from being in any way diminished. . See § 744.424, Fla.Stat. (1983). . See § 744.108, Fla.Stat....

...Subdivision (b) amended to give court discretion to assess attorneys’ fees. Subdivision (c) added. Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.106, Fla. Stat. Costs and attorney^ fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla....

...Accordingly, Juh ian seeks the release of the $185,000 held in escrow by Ciklin Lubitz & O’Connell as well as the $155,383.51 held in the guardian’s Wells Fargo account. . A guardian “is entitled to a reasonable fee- for services rendered and reimbursement for costs incurred on behalf of the ward.” § 744.108(1), Fla, ....

...Chinchilla, 17 So.3d 711, 713 (Fla. 4th DCA 2009). “We defer to the circuit court’s findings of fact when they are based on competent, substantial evidence.” In re Guardianship of Ansley, 94 So.3d 711, 713 (Fla. 2d DCA 2012). First Petition Pursuant to section 744.108(1), Florida Statutes (2015), a guardianship attorney “is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” Section 744.108(2) lists nine factors that courts must consider when determining an award of attorney’s fees. Section 744.108(4) explains that “[flees for legal services may include customary and reasonable charges *1013 for work performed by legal assistants employed by and working under the direction of the attorney.” Further, it is well settled that w...

...and hourly rate on which attorney’s fees award was based, failure to include number of hours and hourly rate in written order was harmless error). On appeal, appellants argue that the circuit court erred by failing to consider the nine factors in section 744.108(2) when it. determined that the amount requested by appellants in the first petition was excessive. We disagree. Although the order did not expressly reference section 744.108(2), the order sufficiently explained why the court found the amount to be excessive. In so doing, the court, albeit indirectly, applied the relevant factors in section 744.108(2) to the first petition....

...The new order must also itemize the costs allowed on the second petition. Id. Again, a new evidentiary hearing is unnecessary if the court can use notes or a transcript of the original fees hearing to formulate the new order. Simhoni, 843 So.2d at 1037 . Third Petition Section 744.108(8), 'which authorizes courts to order guardianships to compensate attorneys for the fees and costs associated with preparing and attending hearings on fees, provides: When court proceedings are instituted to review or determine a guar...

...rd and charging him for costs based on conduct that is not prohibited by law and which did not form the sole basis for the court’s appointment of the second examining committee. McKinney contends that he was entitled to all of his fees pursuant to section 744.108 because he established that all of his services benefited the Ward. Section 744.108(1) provides that “an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” An a...

...tee were consistent. . Indeed, the court’s suggested procedure has been recognized as an appropriate method of challenging the sufficiency of a committee member’s assessment. See Levine v. Levine, 4 So.3d 730, 731 n. 1 (Fla. 5th DCA 2009). . See § 744.108(1); In re Guardianship of Ansley, 94 So.3d 711, 714 (Fla....

...n opportunity to be heard before it entered its final order. Finally, the Steiners argue that the trial court erred in failing to make specific findings that the court-appointed attorney’s services actually benefited the clients, as is required by section 744.108. “Because sections 744.108 and 744.331 do not contemplate the payment of fees and costs from an alleged incapacitated person where a guardianship is not established,” we agree that the Steiners are not Hable for the payment of the attorney’s fees and we reverse....

PER CURIAM. Petitioner, a law firm seeking to recover fees and costs in a guardianship matter pursuant to section 744.108, Florida Statutes, seeks prohibition relief following the denial of its motion to disqualify the trial judge....

... Charles Beckford challenges an order awarding attorney's fees to Hamden H. Baskin, the attorney for Donna Beckford.1 Donna2 is the former guardian of Wayne Astor Beckford. Mr. Baskin is entitled to fees for rendering legal services to Donna on Wayne's behalf. See § 744.108, Fla....

...conviction from being appointed guardian." Beckford v. Beckford, 368 So. 3d 1061, 1062-64 (Fla. 2d DCA 2023). On remand, Donna resigned as Wayne's guardian. The trial court appointed successor guardians. Mr. Baskin sought attorney's fees for past services. See § 744.108, Fla....

...Baskin. II. Discussion "A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward." § 744.108(1)....

...See In re Guardianship of Beck, 204 So. 3d 143, 147 (Fla. 2d DCA 2016) (citing McDade v. State, 154 So. 3d 292, 297 (Fla. 2014)). The trial court appointed Donna to act on Wayne's behalf. Thus, she was a "guardian" for purposes of sections 744.102(9) and 744.108(1). See In re Guardianship of Beck, 204 So. 3d at 148 ("[R]egardless of whether Ms. Yates is a guardian appointed upon a determination of incapacity, she is a guardian for the purposes of section 744.108(1) if she (1) is a person appointed by the court (2) to act on behalf of the person or property (3) of a ward."). Of course, this result does not render section 744.309(3) meaningless....

...We reversed the appointment order, and Donna resigned as guardian. See Beckford, 368 So. 3d at 1062. Nevertheless, an attorney who rendered services to a guardian on a ward's behalf while the guardian was appointed—albeit incorrectly—remains entitled to attorney's fees under section 744.108(1)....

...In re Guardianship of Sanders v. Chaplin, 334 So. 3d 723, 728 (Fla. 1st DCA 2022) ("[T]here is no question the [l]egislature 'knows how to write attorney's fee statutes that require the lawsuit to end successfully.' The [l]egislature declined to do so in section 744.108, and instead, provided for attorney's fees where services were rendered to the ward. Section 744.108(1) is void of contingency or prevailing party semantics." (quoting Schlesinger v....

...Baskin. Accordingly, we affirm. Affirmed. BLACK and SMITH, JJ., Concur. Opinion subject to revision prior to official publication. 3 To the extent that legal services are unnecessary or unproductive, a trial court may reduce the amount of the requested fees based on the factors listed in section 744.108(2). Charles does not quibble about the fee amount under section 744.108(2)....

...In a 1996 opinion of former Attorney General Robert Butterworth, the existence of this duty of care is explained: Under the state’s guardianship statutes, it is clear that the ward is the intended beneficiary of the proceedings. Section 744.108, Florida Statutes, authorizes the payment of attorney’s fees to an attorney who has “rendered services to the ward or to the guardian on the ward’s behalf[.]” Thus, the statute itself recogn...

...Morburger, for appellant. Waserstein & Nunez PLLC, and Carlos A. Nuñez-Vivas and Denise L. Ben-David, for plenary guardian, Steve Waserstein, for appellee. Before EMAS, C.J., and HENDON and BOKOR, JJ. PER CURIAM.  Affirmed. In re Guardianship of Martino, 313 So. 3d 687 (Fla. 2d DCA 2020); § 744.108(6), Fla....

...Costs and attorney’s fees. § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 744.108, Fla....

...The father raises five issues: (1) the trial court erred in awarding attorney’s fees under rule 1.380 concerning a discovery order, (2) the trial court erred in awarding attorney’s fees under rule 1.510(h) relating to striking the father’s affidavit, (3) the trial court erred in awarding attorney’s fees under section 744.108 relating to summary judgment, (4) the trial court erred in awarding attorney’s fees under section 744.3715(2) relating to a petition for interim judicial review, and (5) the trial court erred in determining the hourly rate and amount of attorney’s fees....

...In doing so, [the father] puts forth absolutely nothing to support any accusations that he has made against the [mother].” The summary judgment order found that the mother was entitled to an award of reasonable attorney’s fees and costs against the father pursuant to section 744.108(1), Florida Statutes (2021), as well as Golden v....

...entitlement and makes the requisite statutory findings. 3. Order granting summary judgment The father argues that the trial court erred in awarding entitlement to fees and costs in the order granting summary judgment. According to the father, section 744.108, Florida Statutes (2021), applies to guardians, not guardian advocates. Further, the statute requires that the person have been adjudicated incapacitated, which the older child was not. The father also argues that section 744.108 authorizes an award to be paid from the assets of the guardianship estate, not against the father. Whether section 744.108 applies to this case is a question of law we review de novo. See People’s Tr. Ins. Co. v. Polanco, 354 So. 3d 557, 559 (Fla. 4th DCA 2023) (“We review a trial court’s determination of entitlement to attorney’s fees based on interpretation of a statute de novo.”). We agree with the father that section 744.108 authorizes an award of fees only to a guardian and not to a guardian advocate. Because the mother was a guardian advocate, she was not entitled to fees under section 744.108. Simply put, there is no statutory authority for an award of fees to a guardian advocate under this statute. Section 744.108(1) states: “A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” (emphasis added)....

...Subsection (2) identifies nine criteria the court shall consider in determining fees for a guardian, including “[t]he nature and value of the incapacitated person’s property” and “[t]he nature and length of the relationship with the incapacitated person.” § 744.108(2)(e), (h), Fla. Stat. (emphasis added). Attorney’s fees awarded under this statute are “paid from the assets of the guardianship estate.” § 744.108(8), Fla....

...Stat.; see also § 744.3085, Fla. Stat. (reiterating the language in section 393.12 and stating that “courts are encouraged to consider appointing a guardian advocate, when appropriate, as a less restrictive form of guardianship”). The plain language of section 744.108 makes clear that the recovery of fees applies only to guardians, not guardian advocates. Nowhere in the statute does it mention guardian advocate. The statute specifically limits recovery of fees to a “guardian” who has rendered services “on behalf of the ward.” § 744.108(1), Fla. Stat. The criteria to consider in determining fees for a guardian twice refers to an “incapacitated person.” § 744.108(2)(e), (h), Fla. Stat. Additionally, the fees awarded are “paid from the assets of the guardianship estate.” § 744.108(8), Fla....

...Stat. Significantly, the instant case does not involve a guardian, a ward, an incapacitated person, or a guardianship estate. The mother was appointed guardian advocate—not guardian—and the older child was never adjudicated incapacitated. “[B]y definition, attorney’s fees and costs contemplated by section 744.108(1) relate to legal services performed and costs incurred after a finding of incapacity and appointment of a guardian for the ward.” Guardianship of Sanders v. Chaplin, 334 So. 3d 723, 726 (Fla. 1st DCA 2022). “[T]he one underlying consistency in the case law pertaining to fee awards under section 744.108 is that the alleged incapacitated person was adjudicated as such, thus becoming a ward, and a guardian was appointed to the ward.” In re Guardianship of Klatthaar, 129 So. 3d 482, 486 (Fla. 2d DCA 2014). Because the older child was not adjudicated incapacitated and does not have a guardian, the attorney’s fees provision for guardians of incapacitated wards in section 744.108(1) simply does not apply to this case. Finally, even if the statute did apply, which it does not, it would only authorize an award payable from the assets of the guardianship estate and not against the father personally. See § 744.108(8), Fla....

...case involved an emergency temporary guardian. See In re Guardianship of Beck, 204 So. 3d 143 (Fla. 2d DCA 2016). In contrast with Beck, here the mother was never a guardian, not even temporarily. Rather, she is a guardian advocate and thus does not fall within the purview of section 744.108. This court cannot, and will not, add words to a statute that are not there. See Armstrong v. City of Edgewater, 157 So. 2d 422, 425 (Fla. 1963). 2 In summary, there is no statutory authority for an award of fees to the mother under section 744.108. Section 744.108 applies to guardians, not guardian advocates, and authorizes a fee award only from a guardianship estate, not third parties....

...re entitlement depends on the interpretation of a statute or contract the ruling is reviewed de novo.’” Kelly v. BankUnited, FSB, 159 So. 3d 403, 405 (Fla. 4th DCA 2015) (citation omitted). 2 We recommend that the legislature consider amending section 744.108 to include guardian advocates among those entitled to recover attorney’s fees under this statute....

...See § 744.3085, Fla. Stat. (“In accordance with the legislative intent of this chapter, courts are encouraged to consider appointing a guardian advocate, when appropriate, as a less restrictive form of guardianship.”). 3 This determination is to section 744.108 and is without prejudice to consideration of attorney’s fees under section 57.105, which the trial court previously reserved jurisdiction over. 8  Section 744.3715(2), Florida Statutes (...

...fees. On remand, the trial court held a hearing and awarded $17,125 for appellate attorney’s fees. Because the trial court failed to consider the nature and value of the guardianship estate in determining the reasonableness of the fee pursuant to section 744.108(2), Florida Statutes (2018), we grant review, reverse the order of the trial court, and remand for further proceedings. In the appeal which generated the appellate fees, the appellant had challenged the trial court’s order awarding attorney’s fees to the then- guardian of appellant’s mother. This court affirmed the award and granted appellate attorney’s fees based upon section 744.108(8), which allows attorney’s fees for the review of orders determining an attorney’s fee in a guardianship....

...In other words, contrary to other types of proceedings, the legislature has specifically allowed the collection of “fees on fees.” These fees are assessable against the guardianship estate, unless the court finds them “substantially unreasonable” after a determination under section 744.108(2). At the hearing on fees, both appellant and the current guardian objected to the appellate fees....

...rmined the fee to be $17,125 for the appellate representation. It specifically stated that it did not consider the nature and value of the guardianship estate because no evidence had been presented as to it. Appellant seeks review of this order. Section 744.108(2), Florida Statutes, provides the criteria that the court shall consider in determining a reasonable fee in a guardianship proceeding: (2) When fees for a guardian or an attorney are submitted to the court for determinat...

...§ 733.106, Fla. Stat. Costs and attorneys fees. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 744.108, Fla....

...object be construed together to harmonize the statutes and to give effect to the Legislature’s intent.”). 1 1 We note this case is unlike Ticktin v. Goldmintz, 391 So. 3d 470, 476-78 (Fla. 4th DCA 2024), where attorney’s fees were not awardable to a guardian advocate under section 744.108 of the guardianship statute because that statute, by its plain language, limited recovery of fees to guardians....

...Even if appellant was properly determined to be an adversary party in the guardianship proceeding, and regardless of the friction and acrimony that apparently existed, attorney’s fees and costs are not available absent statutory or contractual authorization. Section 744.108, Florida Statutes (1995), authorizes an award of guardian and attorney’s fees, but that statute clearly is directed toward an award out of the assets of the guardianship estate and not an award against third parties....

...§ 733.106, Fla. Stat. Costs and attorney’s fees. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 744.108, Fla....

...Subdivision (b) amended to give court discretion to assess attorneys’ fees. Subdivision (c) added. Committee notes revised. 2006 Revision: Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.106, Fla. Stat. Costs and attorney’s fees. § 744.105, Fla. Stat. Costs. § 744.108, Fla....

...y sufficiently address the problems of the alleged incapacitated person in whole or in part; and *746 (10) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the registration requirements of section 744.1083, Florida Statutes....

...2000 Revision: Deletes requirement in subdivision (a) to report social security number of proposed guardian. 2003 Revision: Committee notes revised. 2006 Revision: New (a)(9) added to incorporate 2006 passage of section 744.462, Florida Statutes. Subdivision (a)(10) added to implement section 744.1083, Florida Statutes. Committee notes revised. Statutory References § 744.1083, Fla....

...ated person or minor; (G) the reasons why appointment of the proposed guardian should be confirmed; and (H) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the educational requirements of section 744.1083, Florida Statutes....

guardian is entitled to a fee pursuant to section 744.-108, Florida Statutes (1985). In fact, entitlement

COVINGTON, Judge. Carole King appeals the trial court’s order granting Fergeson, Skipper, Shaw, Key-ser, Baron, and Tirabassi, P.A.’s, motion for attorney’s fees, pursuant to section 744.108(2), Florida Statutes (2002), in a guardianship proceeding involving Carole King’s mother, Thelma King....

...Judge Ticktin then ruled. First, she acknowledged Judge Gillen’s order setting the fees prospectively but admittéd that, not having a transcript of the proceedings, she didn’t know what to make of the order. Judge Ticktin found that, pursuant to section 744.108, Florida Statutes (2015), there was no evidence suggesting that the case merited more than $90 per hour, as ruled by Judge Gillen, despite the fact that there were co-guardians....

...ns of validity. “A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimburse *511 ment for costs incurred on behalf of the ward.” § 744.108(1), Fla....

...he results obtained; (g) The time limits imposed by the circumstances; (h) The nature and length of the relationship with the incapacitated person; and (i)The experience, reputation, diligence, • and ability of the person performing ' the service. § 744.108(2), Fla....

...ed, and the expenses incurred. Undeniably, there is an internal inconsistency in the order; the amount of fees and expenses awarded does not equal the amount of fees and expenses that the circuit court found were reasonable. II. THE LEGAL BACKGROUND Section 744.108(1), Florida Statutes (2010), provides that “an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on b...

...d or the ward’s estate. King v. Fergeson, Skipper, Shaw, Keyser, Baron, & Tirabassi, P.A., 862 So.2d 873, 874 (Fla. 2d DCA 2003) (Villanti, J., concurring specially); Butler v. Guardianship of Peacock, 898 So.2d 1139, 1141 (Fla. 5th DCA 2005). Section 744.108(2) lists a number of factors that the circuit court must consider in determining a reasonable fee, and section 744.108(5) requires that “[a]ll petitions for ......

...Richard Mancini of Henderson, Franklin, Starnes & Holt, P.A., Bonita Springs, for Appellee. SALARIO, Judge.  Kenneth E. Kemp, II, and Jerald Chlipala appeal a final order denying their applications for attorney's fees and costs in this guardianship case. The issue presented is whether section 744.108(1), Florida Statutes (2013), authorizes an award of fees and costs incurred by counsel for an emergency temporary guardian and counsel for a ward who was the subject of the emergency temporary guardianship when there was no later determination that the ward was actually incapacitated and, as a result, no later appointment of a plenary or limited guardian. Relying on our decision In re Guardianship of Klatthaar, 129 So. 3d 482 (Fla. 2d DCA 2014), the trial court held that section 744.108(1) does not authorize an award in such circumstances....

...Yates as emergency temporary guardian for Mr. Beck; and (3) a petition by Mr. Chlipala, who represented Mr. Beck, seeking reimbursement for services rendered in representing him. Each petition was amended and, as amended, alleged entitlement to an award of fees and costs under section 744.108(1) or, alternatively, a theory of unjust enrichment....

...Mr. Berschback reserved the right to contest the reasonable amount of fees and costs in the event the trial court found that Mr. Kemp and Mr. Chlipala were entitled to such an award. After a hearing, the trial court entered a final order denying the petitions. It held that section 744.108(1) did not permit an award of fees and costs to Mr....

...court's disposition of their claim for unjust enrichment. See Fla. R. App. P. 9.210(b)(5) (requiring parties to brief each appellate issue); see also Weaver v. Weaver, 95 So. 3d 1029, 1030 (Fla. 2d DCA 2012) (deeming unbriefed issues abandoned). We therefore address only whether section 744.108(1) authorizes an award of fees and costs -5- associated with an emergency temporary guardianship where, as here, there is ultimately no judicial determination of incapacity and, as a result, no appointment of a plenary or limited guardian. This appears to be a question of first impression.1 Because resolution of the question hinges on the construction of section 744.108(1), our review is de novo. McDade v. State, 154 So. 3d 292, 297 (Fla. 2014). The starting point for our analysis is the text of section 744.108(1)....

...A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward. § 744.108(1)....

...ursement under this statute. 1 The parties have not cited, and we have not uncovered, any decision addressing the question presented by the trial court's order. Other decisions have presumed, however, that fees under section 744.108(1) would be available in such circumstances. See, e.g., In re Guardianship of Snell, 915 So. 2d 709, 710 (Fla 1st DCA 2005) (reversing order awarding fees to emergency temporary guardian under section 744.108(1) in case where there was no determination of incapacity based on discrepancies in the order but without questioning that the emergency temporary guardian was entitled to fees under the statute); In re Guardianship of Schoyann, 637 So. 2d 81, 82 (Fla. 4th DCA 1994) (reversing order awarding fees to emergency temporary guardian and counsel where there was no determination of incapacity because "[a]lthough section 744.108, Florida Statutes (1992)[,] entitles the attorney and guardian to a reasonable fee, such a fee would not include fees for services that appellee was enjoined from providing" (emphasis added))....

...Kemp in his capacity as counsel for Ms. Yates. We hold that, in that capacity, he was an attorney who rendered services to the guardian and is entitled to fees and costs to the extent that his services were rendered in connection with the guardian's activities "on behalf of [a] ward." § 744.108(1). Ms....

...The fact that the statutory title of Ms. Yates's appointment is "emergency temporary guardian" on its face appears to establish that unless or until a plenary or limited guardianship is established or the emergency temporary guardianship expires, Ms. Yates is a guardian as described in section 744.108(1)....

...need of a guardian"); Faulkner v. Faulkner, 65 So. 3d 1167, 1169-70 (Fla. 1st DCA 2011) (holding that an emergency temporary guardian is a guardian for purposes of the attorney's fee provisions of section 744.331(7)). Mr. Berschback argues, however, that the term "guardian" in section 744.108(1) can refer only to a guardian appointed upon a determination of incapacity and not to an emergency temporary guardian appointed prior to such a determination....

...We disagree. Section 744.102(9) defines the term "guardian" for purposes of the Florida Guardianship Law as "a person who has been appointed by the court to act on behalf of a ward's person or property, or both." We see no indication in section 744.108(1), or in -7- chapter 744 generally, that the term "guardian" in section 744.108(1) means anything different from the meaning given by the statutory definition. Thus, regardless of whether Ms. Yates is a guardian appointed upon a determination of incapacity, she is a guardian for the purposes of section 744.108(1) if she (1) is a person appointed by the court (2) to act on behalf of the person or property (3) of a ward. The first two elements are unquestionably present here....

...appointment of an emergency temporary guardian. - 11 -  Having concluded that a person subject to an emergency temporary guardianship is a ward, it follows that the emergency temporary guardian is a guardian as described in section 744.108(1) when an emergency temporary guardianship is at issue and that counsel to such a person is "an attorney who has rendered services to ....

...found our decision Klatthaar controlling. In Klatthaar, we considered whether counsel appointed by the court pursuant to section 744.331 to represent an alleged incapacitated person in a proceeding to determine capacity was entitled to fees under section 744.108(1) where the alleged incapacitated person had died before the capacity determination could be made....

...emergency temporary guardian pending a capacity determination, but the trial court denied that request. Id. at 483. We reversed the trial court's order awarding fees and costs, holding that "since a guardianship was never established and a guardian was thus not appointed, section 744.108 is not triggered in this case." Id. at 485. We observed that section 744.108 does not authorize an award of fees to court-appointed counsel for an alleged incapacitated person because that term is not used in that statute, although the term "incapacitated person" is used in various sections. Id. at 485. - 12 - We also explained that both a guardian and a ward must exist before fees and costs may be awarded under section 744.108(1).3 Id....

...never a ward that was represented by the court-appointed lawyer. There was only an alleged incapacitated person that the lawyer was appointed to represent for purposes of the capacity determination, and no determination of capacity was ever made. Under no interpretation of section 744.108(1) would the court-appointed lawyer have been entitled to a fee because under no interpretation could the lawyer have been deemed to represent either a guardian or a ward. The Klatthaar court thus had no occasion to consider how the terms "guardian" and "ward" in section 744.108(1) apply to a temporary emergency guardianship....

...This aspect of Klatthaar is not relevant to this case, however, because neither Mr. Kemp nor Mr. Chlipala sought fees under section 744.331(7). 4 Mr. Berschback points to a statement in Klatthaar that "the one underlying consistency in the case law pertaining to fee awards under section 744.108 is that the alleged incapacitated person was adjudicated as such, thus becoming a ward," 129 So....

...-  This case, however, does present that question, and we hold that in the context of an emergency temporary guardianship, the emergency temporary guardian is a guardian and the subject of the guardianship is the ward for purposes of section 744.108(1)....

...Yates, was not entitled to fees and costs simply because no plenary or limited guardian was appointed was thus in error, and we therefore reverse. On remand, the trial court should determine the extent to which the fees and costs incurred by Mr. Kemp while representing Ms. Yates are compensable under section 744.108(1), the reasonable amount of any such fees and costs, and the factual and legal merits, if any, of the bad faith issue raised by Mr....

...Gribler was, under the facts of this case, solely a petitioner seeking a determination of incapacity and the appointment of a guardian for an alleged incapacitated person. Even though an emergency temporary guardian was appointed, Ms. Gribler was never a guardian or a ward as contemplated by section 744.108(1). Because Mr. Kemp's representation of Ms. Gribler was thus not directed toward the categories of persons covered by section 744.108(1), the trial court's order is due to be affirmed to the extent it denied the petition for those fees and costs. See Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 644 (Fla. 1999) ("[I]f a trial court cited held, stated, or implied that section 744.108(1) prohibited an award of fees where an emergency temporary guardian was appointed but no subsequent determination of incapacity was made. - 14 - reaches the right result, but for the wrong...

...Last, we address Mr. Chlipala's petition for fees and costs incurred in representing Mr. Beck. As stated earlier in this opinion, as soon as Ms. Yates was appointed as Mr. Beck's emergency temporary guardian, Mr. Beck became a ward. Under section 744.108(1), an attorney rendering services to a ward is entitled to an award of fees and costs incurred in that representation. It was error for the trial court to decide that Mr. Chlipala was not entitled to fees and costs under section 744.108(1) solely because Mr....

...here there is no ultimate determination of incapacity and no ultimate appointment of a plenary or limited guardian, counsel to an emergency temporary guardian and to the ward of such a guardianship are entitled to an award of fees and costs under section 744.108(1)....

...guardianship proceedings. Hayes involved heirs of a ward's estate who were precluded for lack of standing from challenging a petition for attorney's fees filed by the guardian's legal counsel during the administration of the guardianship pursuant to section 744.108, Florida Statutes (2006)....

...has standing to participate in the guardianship proceeding. Id. at 506. The supreme court then turned to the specific issue of whether the heirs to the ward's estate had standing to participate in a proceeding for guardian or attorney's fees under section 744.108, initially noting that "there is no specific guardianship rule that provides for notice of, or 6 objections to, petitions for guardian's or attorney's fees beyond what is provided in section 744.108." Id.; see also § 744.108(6) ("A petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated.")....

...d entitles an " 'interested person' who files a request" to receive notice of further proceedings. Hayes, 952 So. 2d at 506–07 (quoting Fla. Prob. R. 5.060(a)). The court thus held "that in guardianship proceedings concerning attorney's fees under section 744.108, the only persons entitled to standing are the attorney making the fee request, the guardian, the ward, and those 'interested persons' who have filed written requests for notice under Florida Probate Rule 5.060." Id....

...deciding whether" someone meets the definition of an interested person. Id. at 508. 7 which is in a different procedural posture than that from which the appeal arose in Hayes. Hayes involved a proceeding under section 744.108 on a petition for attorney's fees filed during the administration of the guardianship, see id....

...the status of "interested person[s]" under rule 5.060; rather, isolation of its discussion to that rule was a consequence of the particular procedure at issue in that case. See id. at 509 ("We hold that in guardianship proceedings concerning attorney's fees under section 744.108, the only 8 persons entitled to standing are the attorney making the fee request, the guardian, the ward, and those 'interested persons' who have filed written requests for notice under Florida Probate Rule 5.060." (emphasis added)). The rationale of Hayes includes a larger holding that must, by logic, apply to Mr. McLain in this case. Answering the question of "whether standing to participate in guardianship proceedings under this statute[, section 744.108,] is limited to the guardian and the ward—and their counsel in attorney's fees proceedings—or whether it also extends to other parties," the court deduced its answer from the general pronouncement that "in determining whether a person has standing in a guardianship proceeding, courts must consider the applicable provisions of both the Florida Guardianship Law and the Florida Probate Rules." See id. at 502, 509 (emphasis added). While a section 744.108 proceeding concerns requests for guardian and attorney fees, a proceeding involving the review of a guardian's final report also necessarily encompasses requests for certain guardian and attorney fees....

...The Estate also petitioned this Court for a Writ of Prohibition,, contending that the probate court lacked jurisdiction to award either guardian or attorney’s fees. This Court denied these petitions. On June 2, 1995, Galbut’s attorney filed a motion below for attorney’s fees under § 744.108 and § 57.105, Fla....

...el. In so doing we note that we have thoroughly reviewed this record and find no legal basis for an award of attorney’s fees under section 57.105, Florida Statutes. Accordingly, whatever award is ultimately made by the trial court must be based on section 744.108, Florida Statutes....

...4th DCA 1986); Cari v. Erickson, 394 So.2d 1022 (Fla. 4th DCA 1981). Counsel's services in this case, however, were not rendered to the estate but to the guardian. .It is unclear to us whether the award of attorney’s fees to Mr. Morgan was based on section 57.105 or section 744.108, Florida Statutes....

...Page Corp., 755 So.2d 787, 790 (Fla. 2d DCA 2000)). Analysis An attorney who has rendered services to the ward or to the guardian on the ward’s behalf is entitled to a reasonable fee for services rendered and reimbursement on behalf of the ward. § 744.108(1), Fla....

...stification for the result and founded on substantial, competent evidence. Valentini v. State (In re Guardianship of Sitter), 779 So.2d 346, 348 (Fla. 2d DCA 2000). The Applicable Law A guardian is entitled to a reasonable fee for services rendered. § 744.108(1); Lucom v....

...Palm Beach, 97 So.2d 478, 481 (Fla.1957); Schacter v. Guardianship of Schacter, 756 So.2d 1075, 1076 (Fla. 4th DCA 2000); Ash v. Coconut Grove Bank, 448 So.2d 605, 607-08 (Fla. 3d DCA 1984). The criteria to be considered by the court in determining an award of fees to a guardian are set forth in section 744.108(2). Pursuant to section 744.108(5), a petition for guardian’s fees and expenses “must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered.” The requirement of section 744.108(5) is mandatory.' An order for guardian’s fees based upon a petition that fails to include an itemized description of the services for *694 which compensation is requested will be reversed....

...In addition, O’Hare and Atherton observe that persons appointed to serve as guardian for a family member “rarely” seek compensation for their services. An arrangement for a guardian to serve without compensation is inconsistent with our guardianship law. See § 744.108(1); Lucom, 97 So.2d at 481 ; Schacter, 756 So.2d at 1076 ; Ash, 448 So.2d at 607-08 ....

...Hamric’s records were nothing more than mileage logs doubling as time records and containing uninformative entries such as “nursing home,” “Health Park,” and “mother.” Such cryptic entries were completely inadequate to satisfy the requirement of section 744.108(5) that the guardian’s petition for fees and expenses “must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered.” In response, Hamric does not dispute the inadequacy of her time records....

...cessary supplemental information detailing her services that cured any deficiency in her petition. We conclude that the insufficiency of Hamric’s petition for fees and expenses could not be cured by supplemental information presented at a hearing. Section 744.108(5) provides that the guardian’s petition for fees and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered....

...The production of the requisite information at a hearing is not an acceptable substitute for the inclusion in the fee petition of the itemized description of the services performed as required by the statute. See Anderson, 679 So.2d at 308-09 . 1 The strict enforcement of the mandate of section 744.108(5) will promote the efficient and inexpensive administration of guardianship estates....

...ed in order to obtain the necessary information. This would result in the inefficient use of scarce judicial resources and increased expense to everyone concerned, including the estates of the wards. Because Hamric’s petition failed to comply with section 744.108(5), the trial court’s order awarding her guardian’s fees and costs must be reversed....

...ts. The circuit court’s order awarding such additional fees and costs to him is reversed. In case number 2D03-1404, we hold that the circuit court erred in awarding guardian’s fees and costs to Hamric based on a petition that did not comply with section 744.108(5) and in compensating Hamric for services outside the scope of her duties as guardian....

...cerning the services and costs for which compensation is requested. On the contrary, such evidence will frequently be both necessary and appropriate. However, the presentation of such explanatory evidence at a hearing does not satisfy the mandate of section 744.108(5)....

...The probate court subsequently entered an order denying Lutheran Services’ objections to the reductions in the claimed fees and denying its request for an injunction. Lutheran Services now appeals as to both issues. Addressing first the issue of the guardian’s fees, we note that section 744.108(1), Florida Statutes (2005), provides that a guardian is entitled to a reasonable fee for services rendered to the ward....

...when determining whether the fee requested by the guardian is reasonable, including the time and labor involved, the skill required to perform the services, and the experience and abilities of the person performing the services, among other factors. § 744.108(2)....

...claimed amounts in light of the court’s experience and common sense. Based on our review of the probate court’s questions and Van Wart’s responses, or lack thereof, we cannot say that the probate court failed to consider the factors listed in section 744.108(2) or that it abused its discretion in reducing Lutheran Service’s fees for disputed tasks not substantiated by Van Wart’s testimony at the hearing....